| Tripi Foods, Inc. v M.W.S. Enters., Inc. |
| 2017 NY Slip Op 06775 [153 AD3d 1615] |
| September 29, 2017 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Tripi Foods, Inc., Respondent, v M.W.S. Enterprises, Inc., Appellant. |
Webster Szanyi LLP, Buffalo (D. Charles Roberts, Jr., of counsel), for defendant-appellant.
Getman Biryla LLP, Buffalo (Richard J. Biryla of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered May 9, 2016. The order denied the motion of defendant to dismiss the second cause of action of the amended complaint.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on August 14, 2017,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Whalen, P.J., Peradotto, Lindley, NeMoyer and Curran, JJ.