Opinion
No. 715 CA 21-01753
09-30-2022
ERIE INSURANCE COMPANY, AN ASSIGNEE OF MICHAEL DEL VECCHIO REMODELING, INC., PLAINTIFF-RESPONDENT, v. WALSH DUFFIELD COMPANIES, INC., AS SUCCESSOR BY MERGER WITH DON ALLEN AGENCY, INC., DEFENDANT, DON ALLEN AGENCY, INC., INDIVIDUALLY, AND MICHAEL SHAY, INDIVIDUALLY AND IN HIS CAPACITY AS AN INSURANCE BROKER, DEFENDANTS-APPELLANTS.
GOLDBERG SEGALLA LLP, BUFFALO (JONATHAN SCHAPP OF COUNSEL), FOR DEFENDANTS-APPELLANTS. RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO (MARCO CERCONE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
GOLDBERG SEGALLA LLP, BUFFALO (JONATHAN SCHAPP OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO (MARCO CERCONE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: SMITH, J.P., PERADOTTO, NEMOYER, CURRAN, AND BANNISTER, JJ.
Appeal from an order of the Supreme Court, Monroe County (Craig J. Doran, J.), entered November 10, 2021. The order, among other things, denied the motion of defendants Don Allen Agency, Inc., individually, and Michael Shay, individually and in his capacity as an insurance broker, for summary judgment dismissing the complaint.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on September 8, 2022, It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.