| N. Y. Cent. Mut. Fire Ins. Co. v Moore |
| 2004 NY Slip Op 04883 [8 AD3d 1128] |
| Decided on June 14, 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 June 14, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PINE, J.P., HURLBUTT, KEHOE, LAWTON, AND HAYES, JJ.
578 CA 03-02330
[*1]NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, PLAINTIFF-APPELLANT, ORDER
v
CHRISTOPHER T. MOORE, DEFENDANT-RESPONDENT.
Appeal from an order of the Supreme Court, Erie County (Salvatore R. Martoche, J.), entered June 17, 2003. The order denied plaintiff's motion for summary judgment in an action for fraud, unjust enrichment and breach of contract.
LAW OFFICE OF ROY A. MURA, BUFFALO (SCOTT D. STORM OF COUNSEL), FOR PLAINTIFF-APPELLANT.
ZDARSKY, SAWICKI & AGOSTINELLI, BUFFALO (PATRICK A. DUDLEY OF COUNSEL), FOR DEFENDANT-RESPONDENT.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on April 19, 2004,
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: June 14, 2004
JoAnn M. Wahl
Clerk of the Court