Roar Logistics, Inc. v Jet Plastica Indus., Inc.
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Roar Logistics, Inc. v Jet Plastica Indus., Inc.
2014 NY Slip Op 03043
Released on May 2, 2014
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 May 2, 2014
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., FAHEY, PERADOTTO, CARNI, AND VALENTINO, JJ.
59 CA 13-01325
[*1]ROAR LOGISTICS, INC., PLAINTIFF-RESPONDENT,
v
JET PLASTICA INDUSTRIES, INC., ET AL., DEFENDANTS, MCG CAPITAL CORPORATION, DENNIS GERRARD AND RON TURCOTTE, DEFENDANTS-APPELLANTS.
Appeals from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered April 25, 2013. The order, insofar as appealed from, denied the motion of defendants Dennis Gerrard and Ron Turcotte to dismiss the amended complaint against them and denied in part the motion of defendant MCG Capital Corporation to dismiss the amended complaint against it.
KASOWITZ, BENSON, TORRES & FRIEDMAN LLP, NEW YORK CITY (MICHAEL C. HARWOOD OF COUNSEL), FOR DEFENDANT-APPELLANT MCG CAPITAL CORPORATION.
KNOX, MCLAUGHLIN, GORNALL & SENNETT, P.C., ERIE, PENNSYLVANIA (PETER W. YOARS, JR., OF COUNSEL), FOR DEFENDANTS-APPELLANTS DENNIS GERRARD AND RON TURCOTTE.
PHILLIPS LYTLE LLP, BUFFALO (JOANNA DICKINSON OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on February 11 and 20, 2014,
It is hereby ORDERED that said appeals are unanimously dismissed without costs upon stipulation.
Entered: May 2, 2014
Frances E. Cafarell
Clerk of the Court
Released on May 2, 2014
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., FAHEY, PERADOTTO, CARNI, AND VALENTINO, JJ.
59 CA 13-01325
[*1]ROAR LOGISTICS, INC., PLAINTIFF-RESPONDENT,
v
JET PLASTICA INDUSTRIES, INC., ET AL., DEFENDANTS, MCG CAPITAL CORPORATION, DENNIS GERRARD AND RON TURCOTTE, DEFENDANTS-APPELLANTS.
Appeals from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered April 25, 2013. The order, insofar as appealed from, denied the motion of defendants Dennis Gerrard and Ron Turcotte to dismiss the amended complaint against them and denied in part the motion of defendant MCG Capital Corporation to dismiss the amended complaint against it.
KASOWITZ, BENSON, TORRES & FRIEDMAN LLP, NEW YORK CITY (MICHAEL C. HARWOOD OF COUNSEL), FOR DEFENDANT-APPELLANT MCG CAPITAL CORPORATION.
KNOX, MCLAUGHLIN, GORNALL & SENNETT, P.C., ERIE, PENNSYLVANIA (PETER W. YOARS, JR., OF COUNSEL), FOR DEFENDANTS-APPELLANTS DENNIS GERRARD AND RON TURCOTTE.
PHILLIPS LYTLE LLP, BUFFALO (JOANNA DICKINSON OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on February 11 and 20, 2014,
It is hereby ORDERED that said appeals are unanimously dismissed without costs upon stipulation.
Entered: May 2, 2014
Frances E. Cafarell
Clerk of the Court
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