| D.r. Watson Holdings v Caliber One Indem. Co. |
| 2004 NYSlipOp 00747 |
| Decided on February 11, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on February 11, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: WISNER, J.P., KEHOE, GORSKI, LAWTON, AND HAYES, JJ.
37 CA 03-01448
[*1]D.R. WATSON HOLDINGS, LLC, AND INNOVATIVE TRANSMISSIONS & ENGINE CO., LLC, PLAINTIFFS-RESPONDENTS, ORDER
v
CALIBER ONE INDEMNITY COMPANY, DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Erie County (Peter J. Notaro, J.), entered October 3, 2002. The order, insofar as appealed from, denied those parts of defendant's motion to dismiss the third cause of action and the claim for punitive damages with prejudice.
CLAUSEN MILLER P.C., CHICAGO, ILLINOIS (MELISSA A. MURPHY-PETROS OF COUNSEL), FOR DEFENDANT-APPELLANT.
DAMON & MOREY LLP, BUFFALO (MICHAEL J. WILLETT OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
Now, upon reading and filing the stipulation for withdrawal of appeal signed by the attorneys for the parties on December 22, 2003,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: February 11, 2004
JoAnn M. Wahl
Clerk of the Court