Mott's, Inc. v Nationwide Mutual Insurance Company (2004 NY Slip Op 09997)

Mott's, Inc. v Nationwide Mut. Ins. Co.

2004 NY Slip Op 09997 [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.

[*1]

1727.1 CA 04-002070 MOTT'S, INC., DOING BUSINESS AS MOTT'S NORTH AMERICA, AND ZURICH-AMERICAN INSURANCE COMPANY, PLAINTIFFS-RESPONDENTS, V ORDER

v

NATIONWIDE MUTUAL INSURANCE COMPANY, DEFENDANT-APPELLANT, ET AL., DEFENDANT. (APPEAL NO. 2.)

Appeal from an order of the Supreme Court, Monroe County (William P. Polito, J.), entered August 5, 2004. The order denied the motion of defendant Nationwide Mutual Insurance Company to vacate the order entered September 19, 2003.

NIXON PEABODY LLP, ROCHESTER (DAVID H. TENNANT OF COUNSEL), FOR DEFENDANT-APPELLANT.
WEBSTER SZANYI LLP, BUFFALO (NELSON PEREL OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
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 be and the same hereby is unanimously dismissed without costs upon stipulation.
Entered: December 30, 2004
JoAnn M. Wahl
Clerk of the Court