Cello-Pack Corp. v Bielloni Castello S.P.A.

Cello-Pack Corp. v Bielloni Castello S.p.A. 2007 NY Slip Op 10202 [46 AD3d 1340] December 21, 2007 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 13, 2008

Cello-Pack Corporation, Respondent, v Bielloni Castello S.p.A., Appellant, et al., Defendant.

—[*1] Damon & Morey LLP, Buffalo (Gregory Zini of counsel), for defendant-appellant.

Phillips Lytle LLP, Buffalo (David J. McNamara of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered April 12, 2007 in a breach of contract action. The order, among other things, denied the motion of defendant Bielloni Castello S.p.A. for partial summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on November 27, 2007,

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation. Present—Martoche, J.P., Centra, Peradotto, Green and Pine, JJ.