Case Information

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.

CA 13-00586

Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department

December 27, 2013

1279

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

ORDER

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.

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.

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.

Entered: December 27, 2013

Frances E. Cafarell

Clerk of the Court