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MACKAY v. 155 EAST MAIN ST., LLC

295/20 CA 19-01649.

192 A.D.3d 1678 (2021)

141 N.Y.S.3d 377

2021 NY Slip Op 01912

Darryl L. Mackay et al., Plaintiffs, v. 155 East Main St., LLC, et al., Defendants. 155 East Main St., LLC, Third-Party Plaintiff-Appellant, v. DHD Ventures Management Company, Inc., Third-Party Defendant, and Comfort Systems USA (Syracuse), Inc., Doing Business as Billone Mechanical Contractors, Third-Party Defendant-Respondent. (Appeal No. 2.)

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

Decided March 26, 2021.

Attorney(s) appearing for the Case

SMITH, SOVIK, KENDRICK & SUGNET, P.C., SYRACUSE ( DAVID M.G. KATZ OF COUNSEL), FOR THIRD-PARTY PLAINTIFF-APPELLANT.

BARCLAY DAMON LLP, ROCHESTER ( ROBERT M. SHADDOCK OF COUNSEL), FOR THIRD-PARTY DEFENDANT-RESPONDENT.

Present—Smith, J.P., Centra, Lindley, Curran and DeJoseph, JJ.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on July 8 and August 12, 2020.

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

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