Farmers New Century Ins. Co. v. FedEx Freight, Inc.

Full title: FARMERS NEW CENTURY INSURANCE COMPANY, AS SUBROGEE OF DIANE ANDERSON, AND…

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

Date published: Mar 16, 2018

2018 N.Y. Slip Op. 1842 (N.Y. App. Div. 2018)

Opinion

1507 CA 17-01188

03-16-2018

FARMERS NEW CENTURY INSURANCE COMPANY, AS SUBROGEE OF DIANE ANDERSON, AND DIANE ANDERSON, PLAINTIFFS-RESPONDENTS, v. FEDEX FREIGHT, INC., DEFENDANT-APPELLANT, NIAGARA MOHAWK POWER CORPORATION, DOING BUSINESS AS NATIONAL GRID, DEFENDANT-RESPONDENT, ET AL., DEFENDANTS.

BURDEN, HAFNER & HANSEN, LLC, BUFFALO (DONNA L. BURDEN OF COUNSEL), FOR DEFENDANT-APPELLANT. WHITE & WILLIAMS, LLP, PHILADELPHIA, PENNSYLVANIA (WILLIAM J. SCHMIDT OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

CENTRA, J.P., PERADOTTO, LINDLEY, CURRAN, AND TROUTMAN, JJ.

PRESENT:

BURDEN, HAFNER & HANSEN, LLC, BUFFALO (DONNA L. BURDEN OF COUNSEL), FOR DEFENDANT-APPELLANT.

WHITE & WILLIAMS, LLP, PHILADELPHIA, PENNSYLVANIA (WILLIAM J. SCHMIDT OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered September 26, 2016. The order denied the motion of defendant FedEx Freight, Inc., for summary judgment.

Now, upon the stipulation of discontinuance as to defendant FedEx Freight, Inc. signed by the attorneys for plaintiffs and defendant FedEx Freight, Inc., and filed in the Erie County Clerk's Office on February 16, 2018,

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

Entered: March 16, 2018

Mark W. Bennett

Clerk of the Court