Glen Haven Commercial Corp. v Western New York Barrel & Drum Co., Inc.
Decided on November 10, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: GREEN, J.P., GORSKI, SMITH, LAWTON, AND HAYES, JJ.
1224 CA 05-00903
[*1]GLEN HAVEN COMMERCIAL CORP., AS A SHAREHOLDER OF WESTERN NEW YORK BARREL & DRUM CO., INC., ON BEHALF OF ITSELF AND ALL OTHER SHAREHOLDERS OF WESTERN NEW YORK BARREL & DRUM CO., INC., SIMILARLY SITUATED AND IN THE RIGHT OF WESTERN NEW YORK BARREL & DRUM CO., INC., PLAINTIFF-RESPONDENT, ORDER
WESTERN NEW YORK BARREL & DRUM CO., INC. AND PHILIP H. REID, DEFENDANTS-APPELLANTS.
Appeal from an order of the Supreme Court, Erie County (Christopher J. Burns, J.), entered November 8, 2004. The order, inter alia, denied defendants' motion to preclude plaintiff from presenting certain evidence at trial.
JAMES D. GAUTHIER, ATTORNEY AT LAW, BUFFALO (JAMES D. GAUTHIER OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
STASIA ZOLADZ VOGEL, DERBY, FOR PLAINTIFF-RESPONDENT.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties and filed in the Erie County Clerk's Office on September 16, 2005,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: November 10, 2005
JoAnn M. Wahl
Clerk of the Court