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Kirk Rutherford v. Spencer Speedway

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


July 6, 2012

KIRK RUTHERFORD,
PLAINTIFF-RESPONDENT,
v.
SPENCER SPEEDWAY, INC., NATIONAL ASSOCIATION FOR STOCK CAR AUTO RACING, INC.,
JOHN WHITE AND JOHN MULLIE,
DEFENDANTS-APPELLANTS.

Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered July 6, 2011 in a personal injury action.

Rutherford v Spencer Speedway, 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 6, 2012

PRESENT: SCUDDER, P.J., SMITH, FAHEY, LINDLEY, AND MARTOCHE, JJ.

The order denied the motion of defendants for summary judgment dismissing the complaint.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on June 7 and 8, 2012 and filed in the Niagara County Clerk's Office on June 25, 2012,

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

Entered: July 6, 2012

Frances E. Cafarell Clerk of the Court

20120706

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