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Carl Feldman and Donna Feldman, Plaintiffs-Respondents v. Lamparelli Construction Company

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


April 26, 2013

CARL FELDMAN AND DONNA FELDMAN, PLAINTIFFS-RESPONDENTS,
v.
LAMPARELLI CONSTRUCTION COMPANY, INC. AND ST. VINCENT DEPAUL, DEFENDANTS-APPELLANTS.

Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered June 5, 2012.

Feldman v Lamparelli Constr. Co., 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 April 26, 2013

PRESENT: SMITH, J.P., FAHEY, PERADOTTO, LINDLEY, AND WHALEN, JJ.

The order, insofar as appealed from, denied in part the cross motion of defendants for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on March 1, 2013,

It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation. Entered: April 26, 2013 Frances E. Cafarell Clerk of the Court

20130426

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