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Gleneagles Shopping Center Plano, Tx. Limited Partnership v. Fitness Evolution

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


April 29, 2011

GLENEAGLES SHOPPING CENTER PLANO, TX. LIMITED PARTNERSHIP, PLAINTIFF-APPELLANT,
v.
FITNESS EVOLUTION, L.P., JOSEPH S. MULROY, ET AL.,
DEFENDANTS-RESPONDENTS,
DEFENDANTS.

Appeal from an order of the Supreme Court, Monroe County (William P. Polito, J.), entered August 27, 2010.

Gleneagles Shopping Ctr. Plano, Tx. Ltd. Partnership v Fitness Evolution, L.P.

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 29, 2011

PRESENT: SMITH, J.P., FAHEY, CARNI, LINDLEY, AND GORSKI, JJ.

The order granted the motion of defendants Fitness Evolution, L.P. and Joseph S. Mulroy to dismiss the complaint.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on April 1, 2011,

It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.

Entered: April 29, 2011

Patricia L. Morgan Clerk of the Court

20110429

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