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SCHIMANSKY v. MODULINE IND.

79 Misc.2d 888 (1974)

John A. Schimansky, as Administrator of The Estate of Lisa J. Schimansky, Deceased, Plaintiff, v. Moduline Industries et al., Defendants. John A. Schimansky, as Administrator of The Estate of John M. Schimansky, Deceased, Plaintiff, v. Moduline Industries et al., Defendants.

Supreme Court, Trial Term, Columbia County.

December 3, 1974

Attorney(s) appearing for the Case

Connor, Curran, Connor, Flint & Schram (William E. J. Connor of counsel), for plaintiff. Maynard, O'Connor & Smith (Stephen R. Spring of counsel), for Moduline Industries and another, defendants. Hesson, Ford, Sherwood & Whalen (Thomas A. Ford of counsel), for Nora L. Nelson, defendant. Ainsworth, Sullivan, Tracy & Knauf (Frank J. Warner, Jr., of counsel), for John A. Schimansky on counterclaim.

EDWARD S. CONWAY, J.

This is a motion by the plaintiff for an order pursuant to CPLR 3217 permitting the plaintiff in each of the above-entitled actions to discontinue the actions in the Supreme Court of Columbia County without prejudice upon such terms and conditions as to the court may seem just and proper.

Both actions are negligence actions against the defendants seeking damages for the death of Lisa Jayne Schimansky and John M. Schimansky...

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