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CAPALONGO v. DESCH

57 N.Y.2d 972 (1982)

Peter R. Capalongo et al., Appellants, v. Noel Desch et al., Respondents, et al., Defendants.

Court of Appeals of the State of New York.

Decided November 9, 1982.

Attorney(s) appearing for the Case

Robert J. Hines for appellants.

Robert J. Clune for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The judgment of Supreme Court and the order of the Appellate Division brought up for review should be affirmed, with costs.

It appears that the parties by stipulation and judgment of the Supreme Court entered thereon have discontinued, without prejudice, all aspects of the present action save only with respect to the Appellate Division's grant of summary judgment to defendants-appellants Desch and May...

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