Philadelphia Indem. Ins. Co. v Davis-ulmer Sprinkler Co., Inc.

Philadelphia Indem. Ins. Co. v Davis-ulmer Sprinkler Co., Inc. 2015 NY Slip Op 02579 Decided on March 27, 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 March 27, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, SCONIERS, AND DEJOSEPH, JJ.
94 CA 14-01178

[*1]PHILADELPHIA INDEMNITY INSURANCE COMPANY, AS SUBROGEE OF CATHOLIC CHARITIES OF THE DIOCESE OF ROCHESTER, PLAINTIFF-RESPONDENT,

v

DAVIS-ULMER SPRINKLER COMPANY, INC., DEFENDANT-APPELLANT.

Appeal from an order of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered April 4, 2014. The order denied the motion of defendant to dismiss the complaint.

PHILLIPS LYTLE LLP, BUFFALO (KEVIN J. ENGLISH OF COUNSEL), FOR DEFENDANT-APPELLANT.

ROSNER NOCERA & RAGONE, LLP, NEW YORK CITY (ELIOT L. GREENBERG OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on January 30 and February 17, 2015, and filed in the Monroe County Clerk's Office on March 11, 2015,

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

Entered: March 27, 2015

Frances E. Cafarell

Clerk of the Court