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Trala v. Delta Sonic Carwash Systems, Inc.

Supreme Court of New York, Fourth Department

December 27, 2013

TOM TRALA, PLAINTIFF-APPELLANT,
v.
DELTA SONIC CARWASH SYSTEMS, INC., DELTA SONIC SALES & SERVICE, INC., DELTA SONIC CAR WASH CORPORATION AND BENDERSON DEVELOPMENT COMPANY, LLC, DEFENDANTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered September 19, 2012. The order denied the motion of plaintiff to strike the answer of defendants.

LAW OFFICES OF EUGENE C. TENNEY, PLLC, BUFFALO (COURTNEY G. SCIME OF COUNSEL), FOR PLAINTIFF-APPELLANT.

KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO (MAURICE L. SYKES OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

PRESENT: SCUDDER, P.J., SMITH, PERADOTTO, LINDLEY, AND SCONIERS, JJ.

Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on December 12, 2013,

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


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