| Scan Tube & Steel Servs., Ltd. v ALTX, Inc. |
| 2014 NY Slip Op 06432 [120 AD3d 1579] |
| September 26, 2014 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Scan Tube & Steel Services, Ltd., Appellant-Respondent, v ALTX, Inc., et al., Respondents-Appellants, and Tubacex Canada, Inc., Respondent. |
Webster Szanyi LLP, Buffalo (Kevin T. O'Brien of counsel), for plaintiff-appellant-respondent.
Damon Morey LLP, Buffalo (Brian D. Gwitt of counsel), for defendants-respondents-appellants and defendant-respondent.
Appeal and cross appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered April 18, 2013. The order granted in part and denied in part the motion of defendants for summary judgment.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on August 26, 2014,
It is hereby ordered that said appeal and cross appeal are unanimously dismissed without costs upon stipulation. Present—Centra, J.P., Carni, Valentino and Whalen, JJ.