Paul De Lima Co., Inc. v Aramatic Refreshment Servs., Inc.
2011 NY Slip Op 09467 [90 AD3d 1569]
December 23, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 1, 2012


Paul De Lima Company, Inc., Respondent, v Aramatic Refreshment Services, Inc., et al., Defendants, and American Food & Vending Corporation, Appellant.

—[*1] Defrancisco & Falgiatano Law Firm, Syracuse (John A. Defrancisco of counsel), for defendant-appellant.

Costello, Cooney & Fearon, PLLC, Syracuse (Nicole Marlow-Jones of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered June 13, 2011. The order, among other things, denied that part of the motion of defendant American Food & Vending Corporation seeking to dismiss the complaint against it or for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on September 13, 2011,

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