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Benderson Properties, Inc., Plaintiff-Appellant v. Wynit

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


April 26, 2013

BENDERSON PROPERTIES, INC., PLAINTIFF-APPELLANT,
v.
WYNIT, INC., DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered July 5, 2012.

Benderson Props., Inc. v WYNIT, 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., PERADOTTO, LINDLEY, VALENTINO, AND WHALEN, JJ.

The order denied plaintiff's motion for a protective order.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on January 21, 2013, and filed in the Erie County Clerk's Office on February 12, 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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