Sheridan Car Wash, Inc. v Mountain Val. Indem. Co.
2009 NY Slip Op 07010 [66 AD3d 1440]
October 2, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 9, 2009


Sheridan Car Wash, Inc., Doing Business as Dr. Huggs Car Wash, Respondent, v Mountain Valley Indemnity Company, Appellant. Sheridan Car Wash, Inc., Doing Business as Dr. Huggs Car Wash, Plaintiff,
v
Brown & Brown of New York, Inc., Defendant.

—[*1] Methfessel & Werbel, P.C., New York City (Fredric P. Gallin of counsel), for defendant-appellant.

Frank T. Gaglione, P.C., Amherst (Frank T. Gaglione of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Christopher J. Burns, J.), entered April 25, 2008. The order, among other things, granted plaintiff's motion for partial summary judgment against defendant Mountain Valley Indemnity Company.

Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on April 17 and 24, 2009,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Hurlbutt, J.P., Fahey, Peradotto, Green and Pine, JJ.