State Farm Fire & Cas. Co. v Griffith Energy, Inc.
2009 NY Slip Op 09878 [68 AD3d 1769]
December 30, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2010


State Farm Fire & Casualty Company, as Subrogee of Carol D. Robinson, Respondent, v Griffith Energy, Inc., Appellant.

—[*1] Trevett Cristo Salzer & Andolina P.C., Rochester (Mark M. Campanella of counsel), for defendant-appellant.

Scott and Gilbert, LLP, Canandaigua (John J. Gilbert of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Ontario County (Craig J. Doran, A.J.), entered January 29, 2009. The order, inter alia, denied the motion of defendant for summary judgment.

Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on December 3, 2009,

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