Snyder Corp. v. Fitness Ridge Worldwide, LLC ( 2020 )

Snyder Corp. v Fitness Ridge Worldwide, LLC (2020 NY Slip Op 04283)

Snyder Corp. v Fitness Ridge Worldwide, LLC

2020 NY Slip Op 04283

Decided on July 24, 2020

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 July 24, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, NEMOYER, AND WINSLOW, JJ.

1161 CA 19-01052

[*1]SNYDER CORP., BEAVER HOLLOW WELLNESS LLC, AND FRW BEAVER HOLLOW MANAGEMENT, LLC, PLAINTIFFS-APPELLANTS,

v

FITNESS RIDGE WORLDWIDE, LLC, FITNESS RIDGE, LLC, LAWRENCE S. BOND, LESLEY A. CAREY, DAVID M. MARSHALL, KENNETH M. PRESSBERG, ARI D. BASS, ROGER W. BULLOCH, SCOTT R. BULLOCH, MATTHEW S. HAGLER, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS. (APPEAL NO. 2.)

PHILLIPS LYTLE LLP, BUFFALO (JOANNA J. CHEN OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

HAGERTY & BRADY, BUFFALO (MICHAEL A. BRADY OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Wyoming County (Deborah A. Chimes, J.), entered May 9, 2019. The order stayed all claims remaining in this action pending arbitration.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on July 2, 2020,

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

Entered: July 24, 2020

Mark W. Bennett

Clerk of the Court