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PATRICIA E. BENEDICT et al., Respondents, v. WHITMAN BREED ABBOTT MORGAN et al., Respondents, and RICHARD A. PIEMONTE, Defendant/Third-Party Plaintiff, et al., Defendants. PATRICK J. CARR, as Executor of ELENA DUKE BENEDICT, Deceased, Third-Party Defendant-Appellant.

Ordered that the appeal is dismissed, as academic, with one bill of costs payable to the respondents appearing separately and filing separate briefs, in light of our determination in Benedict v Whitman Breed Abbott Morgan ( 77 AD3d 870 [decided herewith]).

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BENEDICT v. WHITMAN BREED ABBOTT MORGAN
(Oct 26, 2010)