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Paul De Lima Company, Inc v. Aramatic Refreshment Services

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


December 23, 2011

PAUL DE LIMA COMPANY, INC.,
PLAINTIFF-RESPONDENT,
v.
ARAMATIC REFRESHMENT SERVICES, INC., ET AL.,
DEFENDANTS,
AND
AMERICAN FOOD & VENDING CORPORATION,
DEFENDANT-APPELLANT.

Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered June 13, 2011.

Paul De Lima Co., Inc. v Aramatic Refreshment Servs., Inc.

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 23, 2011

PRESENT: SMITH, J.P., FAHEY, CARNI, SCONIERS, AND GORSKI, JJ.

The order, among other things, denied that part of the motion of defendant American Food & Vending Corporation seeking to dismiss the complaint against it or for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on September 13, 2011,

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

Entered: December 23, 2011

Frances E. Cafarell Clerk of the Court

20111223

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