SCAN TUBE STEEL SERVICES LTD PLAINTIFF APPELLANT RESPONDENT v. ALTX INC TUBACEX COTUBES CANADA INC DEFENDANTS RESPONDENTS APPELLANTS AND TUBACEX CANADA INC DEFENDANT RESPONDENT (2014)

Supreme Court, Appellate Division, Fourth Department, New York.

SCAN TUBE & STEEL SERVICES, LTD., PLAINTIFF–APPELLANT -RESPONDENT, v. ALTX, INC., TUBACEX & COTUBES CANADA INC., DEFENDANTS–RESPONDENTS -APPELLANTS, AND TUBACEX CANADA, INC., DEFENDANT–RESPONDENT.

CA 14–00270

Decided: September 26, 2014

PRESENT: CENTRA, J.P., CARNI, VALENTINO, AND WHALEN, JJ.

WEBSTER SZANYI LLP, BUFFALO (KEVIN T. O'BRIEN OF COUNSEL), FOR PLAINTIFF–APPELLANT–RESPONDENT. DAMON MOREY LLP, BUFFALO (BRIAN D. GWITT OF COUNSEL), FOR DEFENDANTS–RESPONDENTS–APPELLANTS AND DEFENDANT–RESPONDENT.

ORDER

Appeal and cross appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered April 18, 2013. The order granted in part and denied in part the motion of defendants for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on August 26, 2014,

It is hereby ORDERED that said appeal and cross appeal are unanimously dismissed without costs upon stipulation.

Frances E. Cafarell

Clerk of the Court

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