Emkay Trading Corp. v Blue Ridge Farms, Inc. (2007 NY Slip Op 07080)

Emkay Trading Corp. v Blue Ridge Farms, Inc.

2007 NY Slip Op 07080 [43 AD3d 1275]

September 28, 2007

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, November 7, 2007

Emkay Trading Corporation, Respondent, v Blue Ridge Farms, Incorporated, Defendant, and Chloe Foods Corporation, Appellant.

—[*1] Eric A. Gil, Brooklyn, for defendant-appellant.

James D. Gauthier, Buffalo, for plaintiff-respondent.

Appeal from an order of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered March 8, 2006 in a breach of contract action. The order denied the motion of defendant Chloe Foods Corporation for a change of venue.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on August 13, 2007, and filed in the Wyoming County Clerk's Office on August 17, 2007,

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation. Present—Hurlbutt, J.P., Gorski, Smith, Lunn and Pine, JJ.