Harleysville Worcester Ins. Co. v. Cnty. of Erie

Full title: HARLEYSVILLE WORCESTER INSURANCE COMPANY, AS ASSIGNEE/SUBROGEE OF FISHER…

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

Date published: Jun 9, 2017

2017 N.Y. Slip Op. 4609 (N.Y. App. Div. 2017)

Opinion

577 CA 16-02019

06-09-2017

HARLEYSVILLE WORCESTER INSURANCE COMPANY, AS ASSIGNEE/SUBROGEE OF FISHER DEVELOPMENT & GENERAL CONTRACTING, INC., PLAINTIFF-APPELLANT, v. COUNTY OF ERIE, DEFENDANT-RESPONDENT.

REEVE BROWN PLLC, ROCHESTER (MARC S. BROWN OF COUNSEL), FOR PLAINTIFF-APPELLANT. MICHAEL A. SIRAGUSA, COUNTY ATTORNEY, BUFFALO (MICHELLE M. PARKER OF COUNSEL), FOR DEFENDANT-RESPONDENT.

CARNI, J.P., NEMOYER, CURRAN, AND TROUTMAN, JJ.

PRESENT:

REEVE BROWN PLLC, ROCHESTER (MARC S. BROWN OF COUNSEL), FOR PLAINTIFF-APPELLANT.

MICHAEL A. SIRAGUSA, COUNTY ATTORNEY, BUFFALO (MICHELLE M. PARKER OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Erie County (Deborah A. Chimes, J.), entered January 8, 2016. The order, among other things, granted defendant's motion for summary judgment and dismissed plaintiff's complaint.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on April 6, 2017,

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

Entered: June 9, 2017

Frances E. Cafarell

Clerk of the Court