SMTC Corp. v. ICM Controls Corp.

Appellate Division of the Supreme Court of New York

SMTC Corp. v. ICM Controls Corp.

Appellate Division of the Supreme Court of the State of New York·Decided June 5, 2026·No. 521 CA 25-01181·Published

Opinion

SMTC Corp. v ICM Controls Corp. - 2026 NY Slip Op 03597

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Law Reporting
Bureau Thomas J.K. Smith, State Reporter

SMTC Corp. v ICM Controls Corp.

2026 NY Slip Op 03597

June 5, 2026

Appellate Division, Fourth Department

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

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

SMTC CORPORATION, PLAINTIFF-APPELLANT,

v

ICM CONTROLS CORP., DEFENDANT-RESPONDENT.

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

Decided on June 5, 2026

521 CA 25-01181

Present: Lindley, J.P., Montour, Ogden, Nowak, And Delconte, JJ.

WILK AUSLANDER LLP, NEW YORK CITY (SCOTT J. WATNIK OF COUNSEL), FOR PLAINTIFF-APPELLANT.

LIPPES MATHIAS LLP, BUFFALO (TESSA R. SCOTT OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Onondaga County (Joseph E. Lamendola, J.), entered April 11, 2025. The order denied plaintiff's motion to dismiss defendant's counterclaims.

[*1]

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on May 18, 2026,

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

Entered: June 5, 2026

Ann Dillon Flynn

Clerk of the Court

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