905 Ackerman Ave., LLC v State Farm Fire & Cas. Co.

905 Ackerman Ave., LLC v State Farm Fire & Cas. Co. 2023 NY Slip Op 05913 Decided on November 17, 2023 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 November 17, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., LINDLEY, MONTOUR, GREENWOOD, AND NOWAK, JJ.
853 CA 23-00197

[*1]905 ACKERMAN AVENUE, LLC, PLAINTIFF-RESPONDENT,

v

STATE FARM FIRE AND CASUALTY COMPANY, DEFENDANT-APPELLANT, AND EMPOWER FEDERAL CREDIT UNION, DEFENDANT.

HURWITZ FINE, P.C., BUFFALO (SCOTT D. STORM OF COUNSEL), FOR DEFENDANT-APPELLANT.

LYNN LAW FIRM, LLP, SYRACUSE (MARTIN A. LYNN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

COSTELLO, COONEY & FEARON, PLLC, SYRACUSE (ALEXANDRA L. CONDON OF COUNSEL), FOR DEFENDANT.

Appeal from an order of the Supreme Court, Onondaga County (Scott J. DelConte, J.), entered January 13, 2023. The order, among other things, denied defendant State Farm Fire and Casualty Company's motion seeking, inter alia, summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on October 24, 2023,

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

Entered: November 17, 2023

Ann Dillon Flynn

Clerk of the Court