Trala v Delta Sonic Carwash Sys., Inc. (2013 NY Slip Op 08740)

Trala v Delta Sonic Carwash Sys., Inc.

2013 NY Slip Op 08740 [112 AD3d 1353]

December 27, 2013

Appellate Division, Fourth Department

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

As corrected through Wednesday, January 29, 2014

Tom Trala, Appellant, v Delta Sonic Carwash Systems, Inc., et al., Respondents.

—[*1] Law Offices of Eugene C. Tenney, PLLC, Buffalo (Courtney G. Scime of counsel), for plaintiff-appellant.

Kenney Shelton Liptak Nowak LLP, Buffalo (Maurice L. Sykes of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered September 19, 2012. The order denied the motion of plaintiff to strike the answer of defendants.

Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on December 12, 2013,

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