TRIPI FOODS INC PLAINTIFF RESPONDENT v. ENTERPRISES INC DEFENDANT APPELLANT

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Supreme Court, Appellate Division, Fourth Department.

TRIPI FOODS, INC., PLAINTIFF–RESPONDENT, v. M.W.S. ENTERPRISES, INC., DEFENDANT–APPELLANT.

CA 17–00232

Decided: September 29, 2017

PRESENT:  WHALEN, P.J., PERADOTTO, LINDLEY, NEMOYER, AND CURRAN, JJ. WEBSTER SZANYI LLP, BUFFALO (D. CHARLES ROBERTS, JR., OF COUNSEL), FOR DEFENDANT–APPELLANT. GETMAN BIRYLA LLP, BUFFALO (RICHARD J. BIRYLA OF COUNSEL), FOR PLAINTIFF–RESPONDENT.

ORDER

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on August 14, 2017,

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

Mark W. Bennett

Clerk of the Court