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RAMIREZ-HERNANDEZ v. BLOOMINGDALE

108 CA 22-00703.

213 A.D.3d 1209 (2023)

181 N.Y.S.3d 482

2023 NY Slip Op 00536

Carlos Ramirez-Hernandez, Respondent, v. Andrew C. Bloomingdale et al., Defendants, and Mavis Tire Supply, LLC, Appellant. (Appeal No. 1.).

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

Decided February 3, 2023.

Attorney(s) appearing for the Case

CHELUS, HERDZIK, SPEYER & MONTE, P.C., BUFFALO ( THOMAS P. KAWALEC OF COUNSEL), FOR DEFENDANT-APPELLANT.

ANDRUSCHAT LAW FIRM, BUFFALO ( TIMOTHY J. ANDRUSCHAT OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Peradotto, J.P., Lindley, Bannister, Montour and Ogden, JJ.

Appeal from an order of the Supreme Court, Erie County (John B. Licata, J.), entered March 16, 2022. The order denied the motion of defendant Mavis Tire Supply, LLC seeking leave to serve a demand for a jury trial.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on December 1, 2022,

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

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