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Nick Malkin and Zina Malkin v. Marisa Lyn Banks

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


October 7, 2011

NICK MALKIN AND ZINA MALKIN,
PLAINTIFFS-RESPONDENTS,
v.
MARISA LYN BANKS, ET AL.,
DEFENDANTS,
ALYSSA Z. BENSON AND MARIA GIANNINO,
DEFENDANTS-APPELLANTS.

Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered February 18, 2010.

Malkin v Banks

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 October 7, 2011

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

The order denied the motion of defendants Alyssa Z. Benson and Maria Giannino for summary judgment on the issue of proximate cause.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on April 29, 2011, and filed in the Erie County Clerk's Office on June 29, 2011,

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

Entered: October 7, 2011

Patricia L. Morgan Clerk of the Court

20111007

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