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Coffee v Tank Indus. Consultants, Inc., 2017 NY Slip Op 03668 [150 AD3d 1686]

May 5, 2017

Appellate Division, Fourth Department

[*1]

Justin Coffee, Appellant,

v

Tank Industry Consultants, Inc., et al., Defendants. Worldwide Industries Corp., Third-Party Plaintiff, v CDK Industries, Inc., Third-Party Defendant-Respondent.

Stanley Law Offices, Syracuse (Stephanie Viscelli of counsel), for plaintiff-appellant.

Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse (Brady O’Malley of counsel), for Third-party defendant-respondent.

Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered April 26, 2016. The order denied the motion of plaintiff to compel disclosure and granted the cross motion of third-party defendant for a protective order.

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 stipulation. Present—Centra, J.P., Lindley, DeJoseph, NeMoyer and Scudder, JJ..