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U.S. BANK N.A. v. CCCF RIV. GLEN HOLDINGS, INC.

1184 CA 19-00029.

178 A.D.3d 1442 (2019)

112 N.Y.S.3d 620

2019 NY Slip Op 09186

U.S. Bank National Association, as Trustee for the Registered Holders of Banc of America Commercial Mortgage Inc., Commercial Mortgage Pass-Through Certificates, Series 2006-2, Acting by and through its Special Servicer C-III Asset Management LLC, Appellant, v. CCCF River Glen Holdings, Inc., et al., Respondents, et al., Defendant. (Appeal No. 1.)

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

Decided December 20, 2019.

Attorney(s) appearing for the Case

KILPATRICK TOWNSEND & STOCKTON LLP, NEW YORK CITY ( KEITH M. BRANDOFINO , OF COUNSEL), FOR PLAINTIFF-APPELLANT.

COSTELLO, COONEY & FEARON, PLLC, CAMILLUS ( ANTHONY R. HANLEY OF COUNSEL), FOR DEFENDANT-RESPONDENT CCCF RIVER GLEN HOLDINGS, INC.

J. GREENBERGER, PLLC, NEW YORK CITY ( JORDAN GREENBERGER OF COUNSEL), FOR DEFENDANT-RESPONDENT KMART CORPORATION.

BOND, SCHOENECK & KING, PLLC, SYRACUSE ( BRIAN J. BUTLER OF COUNSEL), FOR DEFENDANT-RESPONDENT CAYUGA COMMUNITY COLLEGE.

Present—Smith, J.P., Peradotto, DeJoseph, NeMoyer and Troutman, JJ.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties,

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

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