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Kenworth of Buffalo, Ny, Inc v. Hydroacoustics

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


July 1, 2011

KENWORTH OF BUFFALO, NY, INC.,
PLAINTIFF-RESPONDENT,
v.
HYDROACOUSTICS, INC.,
DEFENDANT-RESPONDENT. HYDROACOUSTICS, INC.,
THIRD-PARTY PLAINTIFF-RESPONDENT,
ANTHONY J. COSTELLO & SON (MAX) DEVELOPMENT, LLC,
THIRD-PARTY DEFENDANT-APPELLANT.

Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered March 31, 2010.

Kenworth of Buffalo, Ny, Inc. v Hydroacoustics, Inc.

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 July 1, 2011

PRESENT: SMITH, J.P., CARNI, SCONIERS, GREEN, AND GORSKI, JJ.

The order, inter alia, denied the motion of third-party defendant for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on June 10, 2011,

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

Entered: July 1, 2011

Patricia L. Morgan Clerk of the Court

20110701

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