E.E. Cruz & Company Inc. v Axis Surplus Insurance Company

Motion No: M-6348

Slip Opinion No: 2019 NYSlipOp 65059(U)

Decided on March 12, 2019

Appellate Division, First 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.

March 12, 2019

E.E. Cruz & Company, Inc.,

Plaintiff-Respondent,

v

Axis Surplus Insurance Company

Defendant,

Arch Insurance Company,

Defendant-Respondent,

National Casualty Company,

Defendant-Appellant-Respondent,

-and-

Everest Insurance Company,

Defendant-Respondent-Appellant.

Arch Insurance Company, as real party

in interest to E.E. Cruz & Company, Inc., Third-Party-Plaintiff-Respondent, v

Axis Surplus Insurance Company, Third-Party Defendant, -and-

National Casualty Company, Third-Party Defendant-Appellant- Respondent.

-----------------------------------------X Defendant-respondent-appellant Everest Insurance Company having moved for reargument of the order of this Court, entered October 30, 2018 (Appeal No. 7484, 7484A), Now, upon reading and filing the papers with respect to the motion, and the stipulation dated February 13, 2019, and due deliberation having been had thereon, It is ordered that the motion is deemed withdrawn in accordance with the aforesaid stipulation. ENTERED: March 12, 2019

_____________________ CLERK

PRESENT: Hon.John W. Sweeny, Jr., Justice Presiding,Angela M. Mazzarelli Marcy L. Kahn Jeffrey K. Oing Anil C. Singh,Justices

M-6348

Index No. 152988/12