International Group, Inc. v United States Aviation Underwriters Inc.
2011 NY Slip Op 06742 [87 AD3d 1347]
September 30, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 9, 2011


International Group, Inc., et al., Appellants-Respondents, v United States Aviation Underwriters Incorporated et al., Respondents-Appellants.

—[*1] Handelman, Witkowicz & Levitsky, Rochester (Steven M. Witkowicz of counsel), for plaintiffs-appellants-respondents.

Goldberg Segalla LLP, Buffalo (Thomas F. Segalla of counsel), for defendants-respondents-appellants.

Appeal and cross appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered April 19, 2011. The order, among other things, denied plaintiffs' motion for summary judgment and denied defendants' motion to dismiss plaintiffs' complaint.

Now, upon reading and filing the stipulation of withdrawal of appeal signed by the attorneys for the parties on August 4 and 5, 2011,

It is hereby ordered that said appeal and cross appeal are unanimously dismissed without costs upon stipulation. Present—Scudder, P.J., Peradotto, Carni, Gorski and Martoche, JJ.