JOHN SHERK PLAINTIFF APPELLANT v. LEHIGH CONSTRUCTION GROUP INC RIGHTEOUS BABE RECORDS INC RIGHTEOUS BABE MUSIC INC 341 DELAWARE INC 341 DELAWARE LENDER LLC ASBURY DEVELOPMENT ASBURY DEVELOPMENT LLC ASBURY MASTER TENANT LLC CITY OF BUFFALO AND BUFFALO RENEWAL AGENCY DEFENDANTS RESPONDENTS (2011)

Supreme Court, Appellate Division, Fourth Department, New York.

JOHN R. SHERK, PLAINTIFF-APPELLANT, v. LEHIGH CONSTRUCTION GROUP, INC., RIGHTEOUS BABE RECORDS, INC., RIGHTEOUS BABE MUSIC, INC., 341 DELAWARE, INC., 341 DELAWARE LENDER, LLC, ASBURY DEVELOPMENT, L.P., ASBURY DEVELOPMENT, LLC, ASBURY MASTER TENANT, LLC, CITY OF BUFFALO, AND BUFFALO RENEWAL AGENCY, DEFENDANTS-RESPONDENTS.
LEHIGH CONSTRUCTION GROUP, INC., THIRD-PARTY PLAINTIFF-RESPONDENT, v. LANCET-ARCH, INC., THIRD-PARTY DEFENDANT-RESPONDENT.

CA 10-00873

Decided: March 25, 2011

PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, SCONIERS, AND PINE, JJ.

GROSS, SHUMAN, BRIZDLE & GILFILLAN, P.C., BUFFALO (HOWARD B. COHEN OF COUNSEL), FOR PLAINTIFF-APPELLANT. BROWN & KELLY, LLP, BUFFALO (DONALD B. EPPERS OF COUNSEL), FOR DEFENDANTS-RESPONDENTS AND THIRD-PARTY PLAINTIFF-RESPONDENT. FELDMAN KIEFFER, LLP, BUFFALO (ADAM C. FERRANDINO OF COUNSEL), FOR THIRD-PARTY DEFENDANT-RESPONDENT.

ORDER

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on February 22, 2011,

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

All concur except Pine, J., who is not participating.

Patricia L. Morgan

Clerk of the Court

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