Nick's Garage, Inc. v Adirondack Ins. Exch.

Nick's Garage, Inc. v Adirondack Ins. Exch. 2015 NY Slip Op 07349 Decided on October 9, 2015 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 October 9, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., CENTRA, PERADOTTO, AND WHALEN, JJ.
674 CA 14-02239

[*1]NICK'S GARAGE, INC., PLAINTIFF-RESPONDENT,

v

ADIRONDACK INSURANCE EXCHANGE, DEFENDANT-APPELLANT.

GOLDBERG SEGALLA LLP, SYRACUSE (HEATHER ZIMMERMAN OF COUNSEL), FOR DEFENDANT-APPELLANT.

BOUSQUET HOLSTEIN PLLC, SYRACUSE (CECELIA R.S. CANNON OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Onondaga County (James P. Murphy, J.), entered March 4, 2014. The order, insofar as appealed from, denied in part the motion of defendant to dismiss the amended complaint.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on July 17, 2015, and filed in the Onondaga County Clerk's Office on July 17, 2015,

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

Entered: October 9, 2015

Frances E. Cafarell

Clerk of the Court