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SCHMITZ v. CALDWELL & COOK, INC.

1038 CA 09-00355

68 A.D.3d 1625 (2009)

2009 NY Slip Op 9734

890 N.Y.S.2d 883

DONNA LEE SCHMITZ, as Executor of ROBERT J. SCHMITZ, Deceased, Respondent, v. CALDWELL & COOK, INC., Respondent, and BEAM MACK SALES & SERVICE, INC., Doing Business as CONWAY GMC VOLVO TRUCK DIVISION, Appellant, et al., Defendant. CALDWELL & COOK, INC., et al., Third-Party Plaintiffs, v. MATTHEWS AND FIELDS OF HENRIETTA, INC., Third-Party Defendant-Respondent.

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

Decided December 30, 2009.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on July 10, September 28, October 10, November 9 and November 24, 2009 and filed in the Monroe County Clerk's Office on November 30, 2009,

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

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