Fireman's Fund Insurance Company v European Builders
Motion No: 2009-04039
Slip Opinion No: 2010 NY Slip Op 83227(U)
Decided on September 23, 2010
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M108693

L/

FRED T. SANTUCCI, J.P.

RUTH C. BALKIN

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2009-04039

Fireman's Fund Insurance Company, etc.,

respondent-appellant, v European Builders

& Contractors Corp., defendant third-party

plaintiff-respondent; U.S. Underwriters

Insurance Company, third-party defendant

appellant-respondent.

(Index No. 5849/04)

DECISION & ORDER ON APPLICATION
Withdraw Appeal on Stipulation

Application to withdraw an appeal and cross appeal from an order of the Supreme Court, Nassau County, entered February 10, 2009.

Upon the stipulation of the attorneys for the respective parties, dated September 2, 2010, it is

ORDERED that the application is granted and the appeal and cross appeal are deemed withdrawn, without costs or disbursements.

SANTUCCI, J.P., BALKIN, BELEN and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court