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GARDEN VIL. APTS., LLC v. CSC SERVICEWORKS, INC.

1012 CA 22-00010.

211 A.D.3d 1631 (2022)

178 N.Y.S.3d 723

2022 NY Slip Op 07400

Garden Village Apartments, LLC, et al., Appellants, v. CSC Serviceworks, Inc., Respondent.

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

Decided December 23, 2022.

Attorney(s) appearing for the Case

DUKE, HOLZMAN, PHOTIADIS & GRESENS LLP, BUFFALO (CHRISTOPHER M. BERLOTH OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

BARCLAY DAMON LLP, BUFFALO (JAMES P. MILBRAND OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Whalen, P.J., Smith, Lindley, Bannister and Montour, JJ.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered December 27, 2021. The order granted the motion of defendant to dismiss the complaint and dismissed the complaint.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on December 1, 2022,

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

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