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MUY v. ROBERT BOSCH POWER TOOL CORPORATION

2010-02863.

80 A.D.3d 681 (2011)

914 N.Y.S.2d 670

FAUSTINO MUY, Plaintiff, v. ROBERT BOSCH POWER TOOL CORPORATION et al., Appellants, and SAGA HOUSE CONDOMINIUM et al., Respondents.

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

Decided January 18, 2011.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the appellants' motion pursuant to CPLR 3217 (b), in effect, to enforce a stipulation pursuant to which the plaintiff agreed to voluntarily discontinue the action insofar as asserted against them is granted; and it is further,

Ordered that the matter is remitted to the Supreme Court, Queens County, to convert the cross claims asserted by the defendants Saga House Condominium...

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