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  5. 206 A.D.3d 1688 (2022)
 

PANAMA CENT. SCH. DIST. v. EVERGUARD SURFACING, CO., INC.

284/19 CA 18-01769.

206 A.D.3d 1688 (2022)

167 N.Y.S.3d 904

2022 NY Slip Op 03823

Panama Central School District, Respondent, v. Everguard Surfacing, Co., Inc., et al., Defendants, and First National Insurance Company of America et al., Appellants.

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

Decided June 10, 2022.

Attorney(s) appearing for the Case

LEWANDOWSKI & ASSOCIATES, WEST SENECA (STEPHEN J. STACHOWSKI OF COUNSEL), FOR DEFENDANTS-APPELLANTS AND DEFENDANT RW CONSTRUCTION, INC.

HARRIS BEACH PLLC, BUFFALO (KIRSTIE A. MEANS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

R. THOMAS RANKIN, JAMESTOWN, FOR DEFENDANT EVERGUARD SURFACING, CO., INC.

Present—Centra, J.P., Peradotto, Lindley, NeMoyer and Troutman, JJ.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on May 5, 2022,

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

All concur except Troutman, J., who is not...

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