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VIRGONE v. MASTERCRAFT MASONRY I, INC.

484/21 CA 20-01211.

204 A.D.3d 1451 (2022)

165 N.Y.S.3d 416

2022 NY Slip Op 02721

Pasqualino Virgone et al., Respondents, v. Mastercraft Masonry I, Inc., et al., Appellants-Respondents, and William Manfredi Construction Corp., Respondent-Appellant, et al., Respondent, et al., Defendants.

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

Decided April 22, 2022.

Attorney(s) appearing for the Case

ROSENBAUM & TAYLOR, P.C., WHITE PLAINS ( SCOTT P. TAYLOR OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT MASTERCRAFT MASONRY I, INC.

BYRNE & O'NEILL, LLP, NEW YORK CITY ( MICHAEL J. BYRNE OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT ROBERTSON STRONG APGAR ARCHITECTS, P.C.

HURWITZ & FINE, P.C., BUFFALO ( TIMOTHY P. WELCH OF COUNSEL), FOR DEFENDANT-RESPONDENT-APPELLANT.

SACKS & SACKS, LLP, NEW YORK CITY ( DANIEL WEIR OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

HANNUM FERETIC PRENDERGAST & MERLINO LLC, NEW YORK CITY ( MATTHEW ZIZZAMIA OF COUNSEL), FOR DEFENDANT-RESPONDENT BOYCE EXCAVATING CO. INC.

Present —Whalen, P.J., Centra, Peradotto and Lindley, JJ.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties, and filed in the Onondaga County Clerk's Office on May 14, 2021,

It is hereby ordered that said appeals and cross appeal are unanimously dismissed without costs upon...

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