Will Foods, LLC v Will Poultry Co., Inc.
2022 NY Slip Op 01933 [203 AD3d 1696]
March 18, 2022
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 4, 2022


[*1]
 Will Foods, LLC, Respondent,
v
Will Poultry Co., Inc., et al., Appellants, et al., Defendants. (Appeal No. 2.)

Barclay Damon LLP, Buffalo (Jennifer G. Flannery of counsel), for defendants-appellants.

Wendy J. Christophersen, Buffalo, for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered July 1, 2016. The order granted the motion of plaintiff for leave to reargue, and upon reargument, granted the motion of plaintiff for summary judgment on the eighth and tenth causes of action in the amended complaint.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on February 4 and 16, 2022,

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