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COFFEE v. TANK INDUSTRY CONSULTANTS, INC.

1050 CA 15-00267

133 A.D.3d 1305 (2015)

19 N.Y.S.3d 446

2015 NY Slip Op 08536

JUSTIN COFFEE, Appellant, v. TANK INDUSTRY CONSULTANTS, INC., et al., Respondents. WORLDWIDE INDUSTRIES CORP., Third-Party Plaintiff, v. CDK INDUSTRIES, INC., Third-Party Defendant-Respondent.

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

Decided November 20, 2015.

Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered November 14, 2014. The order, among other things, denied without prejudice the motion of plaintiff to sever the third-party action and granted the motion of third-party defendant to strike the note of issue.

Now, upon reading and filing the stipulation discontinuing the action against defendant Tank Industry Consultants, Inc., signed by the attorneys for the parties on June...

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