| Mott's, Inc. v Nationwide Mut. Ins. Co. |
| 2004 NY Slip Op 09765 [13 AD3d 1232] |
| Decided on December 30, 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 December 30, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: HURLBUTT, J.P., SCUDDER, KEHOE, SMITH, AND HAYES, JJ.
1727 CA 04-00136
[*1]MOTT'S, INC., DOING BUSINESS AS MOTT'S NORTH AMERICA, AND ZURICH-AMERICAN INSURANCE COMPANY, PLAINTIFFS-APPELLANTS-RESPONDENTS, ORDER
v
NATIONWIDE MUTUAL INSURANCE COMPANY, DEFENDANT-RESPONDENT-APPELLANT, ET AL., DEFENDANT. (APPEAL NO. 1.)
Appeal and cross appeal from an order of the Supreme Court, Monroe County (William P. Polito, J.), entered September 19, 2003. The order granted plaintiffs' motion for partial summary judgment and denied the cross motion of defendant Nationwide Mutual Insurance Company for partial summary judgment.
WEBSTER SZANYI LLP, BUFFALO (NELSON PEREL OF COUNSEL), FOR PLAINTIFFS-APPELLANTS-RESPONDENTS.
NIXON PEABODY LLP, ROCHESTER (DAVID H. TENNANT OF COUNSEL), FOR DEFENDANT-RESPONDENT-APPELLANT.
O'SHEA, REYNOLDS & CUMMINGS, BUFFALO (MICHELLE PARKER OF COUNSEL), FOR DEFENDANT.
Now, upon reading and filing the stipulation discontinuing action signed by the attorneys for the parties on December 3, 2004,
It is hereby ORDERED that said appeal and cross appeal be and the same hereby are unanimously dismissed without costs upon stipulation.
Entered: December 30, 2004
JoAnn M. Wahl
Clerk of the Court