KENWORTH OF BUFFALO NY INC PLAINTIFF RESPONDENT v. HYDROACOUSTICS INC DEFENDANT RESPONDENT

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

KENWORTH OF BUFFALO, NY, INC., PLAINTIFF–RESPONDENT, v. HYDROACOUSTICS, INC., DEFENDANT–RESPONDENT.

HYDROACOUSTICS, INC., THIRD–PARTY PLAINTIFF–RESPONDENT, v. ANTHONY J. COSTELLO & SON (MAX) DEVELOPMENT, LLC, THIRD–PARTY DEFENDANT–APPELLANT.

CA 10–01375

Decided: July 01, 2011

PRESENT:  SMITH, J.P., CARNI, SCONIERS, GREEN, AND GORSKI, JJ. STEPHEN E. HALL, ROCHESTER, FOR THIRD–PARTY DEFENDANT–APPELLANT. GROSS, SHUMAN, BRIZDLE & GILFILLAN, P.C., BUFFALO (HUGH C. CARLIN OF COUNSEL), FOR PLAINTIFF–RESPONDENT. UNDERBERG & KESSLER LLP, BUFFALO (COLIN D. RAMSEY OF COUNSEL), FOR DEFENDANT–RESPONDENT AND THIRD–PARTY PLAINTIFF–RESPONDENT.

ORDER

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on June 10, 2011,

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

Patricia L. Morgan

Clerk of the Court