Trala v Delta Sonic Carwash Sys., Inc.
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Trala v Delta Sonic Carwash Sys., Inc.
2013 NY Slip Op 08740
Released on December 27, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Released on December 27, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., SMITH, PERADOTTO, LINDLEY, AND SCONIERS, JJ.
1279 CA 13-00586
[*1]TOM TRALA, PLAINTIFF-APPELLANT,
v
DELTA SONIC CARWASH SYSTEMS, INC., DELTA SONIC SALES & SERVICE, INC., DELTA SONIC CAR WASH CORPORATION AND BENDERSON DEVELOPMENT COMPANY, LLC, DEFENDANTS-RESPONDENTS.
Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered September 19, 2012. The order denied the motion of plaintiff to strike the answer of defendants.
LAW OFFICES OF EUGENE C. TENNEY, PLLC, BUFFALO (COURTNEY G. SCIME OF COUNSEL), FOR PLAINTIFF-APPELLANT.
KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO (MAURICE L. SYKES OF COUNSEL), FOR DEFENDANTS-RESPONDENTS. Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on December 12, 2013,
It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.
Entered: December 27, 2013
Frances E. Cafarell
Clerk of the Court
Released on December 27, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., SMITH, PERADOTTO, LINDLEY, AND SCONIERS, JJ.
1279 CA 13-00586
[*1]TOM TRALA, PLAINTIFF-APPELLANT,
v
DELTA SONIC CARWASH SYSTEMS, INC., DELTA SONIC SALES & SERVICE, INC., DELTA SONIC CAR WASH CORPORATION AND BENDERSON DEVELOPMENT COMPANY, LLC, DEFENDANTS-RESPONDENTS.
Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered September 19, 2012. The order denied the motion of plaintiff to strike the answer of defendants.
LAW OFFICES OF EUGENE C. TENNEY, PLLC, BUFFALO (COURTNEY G. SCIME OF COUNSEL), FOR PLAINTIFF-APPELLANT.
KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO (MAURICE L. SYKES OF COUNSEL), FOR DEFENDANTS-RESPONDENTS. Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on December 12, 2013,
It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.
Entered: December 27, 2013
Frances E. Cafarell
Clerk of the Court
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