Appellate Division of the Supreme Court of New York, 2022

Will Foods, LLC v. Will Poultry Co., Inc.

Will Foods, LLC v. Will Poultry Co., Inc.
Appellate Division of the Supreme Court of New York · Decided March 18, 2022
2022 NY Slip Op 01933
Will Foods, LLC v. Will Poultry Co., Inc.

Opinion

Will Foods, LLC v Will Poultry Co., Inc. (2022 NY Slip Op 01933)
Will Foods, LLC v Will Poultry Co., Inc.
2022 NY Slip Op 01933
Decided on March 18, 2022
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on March 18, 2022 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., PERADOTTO, LINDLEY, AND CURRAN, JJ.

319/20 CA 16-01704

[*1]WILL FOODS, LLC, PLAINTIFF-RESPONDENT,

v

WILL POULTRY CO., INC., NANCY CHRISTODOULIDES, AS EXECUTRIX OF THE ESTATE OF DONALD E. WILL, DECEASED, DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (APPEAL NO. 2.)




BARCLAY DAMON LLP, BUFFALO (JENNIFER G. FLANNERY OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

WENDY J. CHRISTOPHERSEN, BUFFALO, FOR PLAINTIFF-RESPONDENT.



Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered July 1, 2016. The order granted the motion of plaintiff for leave to reargue, and upon reargument, granted the motion of plaintiff for summary judgment on the eighth and tenth causes of action in the amended complaint.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on February 4 and 16, 2022,

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

Entered: March 18, 2022

Ann Dillon Flynn

Clerk of the Court



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