Mark IV Indus., Inc. v Lumbermens Mut. Cas. Co.
2007 NY Slip Op 04907 [41 AD3d 1162]
June 8, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 15, 2007


Mark IV Industries, Inc., et al., Appellants, v Lumbermens Mutual Casualty Company et al., Defendants, and Liberty Mutual Fire Insurance Company, Respondent.

—[*1] Lippes Mathias Wexler Friedman LLP, Buffalo (Kevin J. Cross of counsel), for plaintiffs-appellants.

Rivkin Radler LLP, Uniondale (Paul Gorfinkel of counsel), for defendant-respondent.

Appeal from an amended order of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered June 14, 2006. The amended order, among other things, granted the motion of defendant Liberty Mutual Fire Insurance Company for partial summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on April 30, 2007,

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation. Present—Scudder, P.J., Centra, Lunn, Peradotto and Pine, JJ.