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Destiny Spina and Belinda C. Stevens v. Kimpex

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


March 15, 2013

DESTINY SPINA AND BELINDA C. STEVENS,
PLAINTIFFS-RESPONDENTS,
v.
KIMPEX, INC. AND KIMPEX (U.S.A.) LTD.,
DEFENDANTS-APPELLANTS.

Appeal from an order and partial judgment (one paper) of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered July 15, 2011.

Spina v Kimpex, 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.

Released on March 15, 2013

PRESENT: FAHEY, J.P., PERADOTTO, CARNI, AND WHALEN, JJ.

The order and partial judgment, inter alia, granted the motion of plaintiffs to set aside the jury verdict.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on January 22, 2013, and filed in the Niagara County Clerk's Office on February 26, 2013,

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

Entered: March 15, 2013

Frances E. Cafarell Clerk of the Court

20130315

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