Hyperlawhypertext legal database Tripi Foods, Inc. v. M.W.S. Enterprises, Inc. 153 A.D.3d 1615

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

153 A.D.3d 1615 Court N.Y. App. Div. Decision date 2017-09-29 English

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

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p. 1615
Tripi Foods, Inc., Respondent, v M.W.S. Enterprises, Inc., Appellant.
[60 NYS3d 889]

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.