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NOBLE v. VILLAGER CONSTR., INC.

937 CA 19-00650.

175 A.D.3d 1848 (2019)

107 N.Y.S.3d 744

2019 NY Slip Op 06958

Dale Noble, Plaintiff, v. Villager Construction, Inc., Defendant/Third-Party Plaintiff-Appellant. M.J. Dreher Trucking, Inc., Third-Party Defendant-Respondent.

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

September 27, 2019.

Attorney(s) appearing for the Case

GIBSON, MCASKILL & CROSBY, LLP, BUFFALO ( ELIZABETH M. BERGEN OF COUNSEL), FOR THIRD-PARTY PLAINTIFF-APPELLANT.

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, ROCHESTER ( MATTHEW A. LENHARD OF COUNSEL), FOR THIRD-PARTY DEFENDANT-RESPONDENT.

Present-Centra, J.P., Carni, NeMoyer, Troutman and Winslow, JJ.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on May 14, 2019,

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

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