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Vitran Express, Inc., Doing Business As Pjax Freight System v. F & W Transport Services

April 26, 2013

VITRAN EXPRESS, INC., DOING BUSINESS AS PJAX FREIGHT SYSTEM,
PLAINTIFF-APPELLANT,
v.
F & W TRANSPORT SERVICES, INC.,
DEFENDANT-RESPONDENT.



Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered July 15, 2011.

Vitran Express, Inc. v F&W Transp. Servs., Inc.

Released on April 26, 2013

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.

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, VALENTINO, AND WHALEN, JJ.

The order granted the motion of defendant to vacate a default judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on February 26, 2013,

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

Entered: April 26, 2013

Frances E. Cafarell Clerk of the Court

20130426

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