Vitran Express, Inc. v F&W Transp. Servs., Inc.
2013 NY Slip Op 02961 [105 AD3d 1450]
April 26, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 29, 2013


Vitran Express, Inc., Doing Business as PJAX Freight System, Appellant, v F&w Transport Services, Inc., Respondent.

—[*1] Klapper & Fass, White Plains (Daniel A. Fass of counsel), for plaintiff-appellant.

Law Offices of Monte J. Rosenstein, P.C., Middletown (Monte J. Rosenstein of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered July 15, 2011. The order granted the motion of defendant to vacate a default judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on February 26, 2013,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Peradotto, Lindley, Valentino and Whalen, JJ.