Milhelm Attea & Bros., Inc. v Philip Morris USA, Inc.
2010 NY Slip Op 02254 [71 AD3d 1455]
March 19, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 28, 2010


Milhelm Attea & Bros., Inc., Appellant, v Philip Morris USA, Inc., Respondent, et al., Defendants.

—[*1] Zdarsky, Sawicki & Agostinelli LLP, Buffalo (Gerald T. Walsh of counsel), for plaintiff-appellant.

Harris Beach PLLC, Buffalo (Richard T. Sullivan of counsel) and Arnold & Porter LLP, Washington, D.C. (Kenneth L. Chernof of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered January 12, 2009. The order, inter alia, granted the motion of defendant Philip Morris USA, Inc. to dismiss the complaint against it.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties to the appeal on February 3, 2010,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Fahey, Carni, Lindley and Sconiers, JJ.