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CONTE v. GETTY PETROLEUM CORP.

202 A.D.2d 621 (1994)

609 N.Y.S.2d 332

Guiseppe Conte et al., Respondents, v. Getty Petroleum Corp., Appellant, et al., Defendants. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 28, 1994

Ordered that the order dated April 26, 1993, is affirmed; and it is further,

Ordered that the appeals from the orders dated February 28, 1992, May 19, 1992, and May 20, 1992, are dismissed as academic in light of our disposition of the appeal from the order dated April 26, 1993; and it is further,

Ordered that the plaintiffs are awarded one bill of costs.

The determination of a motion for discontinuance rests...

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