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NEWCO CAPITAL GROUP VI LLC v. HOPE HOSPICE CARE, INC.

1062 CA 23-00746.

222 A.D.3d 1452 (2023)

200 N.Y.S.3d 285

2023 NY Slip Op 06704

NewCo Capital Group VI LLC, Appellant, v. Hope Hospice Care, Inc., Doing Business as Hope Hospice Care, et al., Respondents.

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

Decided December 22, 2023.

Attorney(s) appearing for the Case

HODGSON RUSS LLP, BUFFALO ( JAMES J. ZAWODZINSKI, JR. , OF COUNSEL), AND BERKOVITCH & BOUSKILA, PLLC, PONOMA, FOR PLAINTIFF-APPELLANT.

LAW OFFICE OF DOMINICK R. DALE, FOREST HILLS, POLLACK, POLLACK, ISAAC & DECICCO, LLP, NEW YORK CITY ( BRIAN J. ISAAC OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Present—Smith, J.P., Curran, Bannister, Greenwood and Nowak, JJ.

Appeal from an order of the Supreme Court, Ontario County (Brian D. Dennis, A.J.), entered January 20, 2023. The order, inter alia, transferred the action from Ontario County to New York County.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on December 6, 2023,

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

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