| Pittsford Flour Mills v Newcomb Oil Co. |
| 2004 NY Slip Op 05106 [8 AD3d 1128] |
| Decided on June 14, 2004 |
| 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 June 14, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., GREEN, WISNER, HURLBUTT, AND GORSKI, JJ.
365 CA 03-01903
[*1]PITTSFORD FLOUR MILLS, INC., PLAINTIFF-RESPONDENT, ORDER
v
NEWCOMB OIL CO., INC., DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered May 29, 2003 in an action pursuant to RPAPL article 15. The order granted plaintiff's motion for partial summary judgment on liability, dismissed the counterclaims and directed defendant to vacate and remediate a parcel of land.
WARD NORRIS HELLER & REIDY LLP, ROCHESTER (THOMAS E. REIDY OF COUNSEL), FOR DEFENDANT-APPELLANT.
PHILLIPS LYTLE LLP, ROCHESTER (MARK J. MORETTI OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties and filed in the Monroe County Clerk's Office on April 23, 2004,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: June 14, 2004
JoAnn M. Wahl
Clerk of the Court