Appellate Division of the Supreme Court of New York, 2017

Tripi Foods, Inc. v. M.W.S. Enterprises, Inc.

Tripi Foods, Inc. v. M.W.S. Enterprises, Inc.
Appellate Division of the Supreme Court of New York · Decided September 29, 2017 · Whalen, Peradotto, Lindley, Nemoyer, Curran
2017 NY Slip Op 6775; 153 A.D.3d 1615; 60 N.Y.S.3d 889
Tripi Foods, Inc. v. M.W.S. Enterprises, Inc.

Opinion

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered May 9, 2016. The order denied the motion of defendant to dismiss the second cause of action of the amended complaint.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on August 14, 2017,

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

Present — Whalen, P.J., Peradotto, Lindley, NeMoyer and Curran, JJ.

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