Thomas Johnson, Inc. v State Ins. Fund (2011 NY Slip Op 09408)

Thomas Johnson, Inc. v State Ins. Fund

2011 NY Slip Op 09408 [90 AD3d 1523]

December 23, 2011

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 1, 2012

Thomas Johnson, Inc., Appellant-Respondent, v State Insurance Fund, Respondent-Appellant.

—[*1] Sliwa & Lane, Buffalo (Kevin A. Lane of counsel), for plaintiff-appellant-respondent.

Herzfeld & Rubin, P.C., New York City (David B. Hamm of counsel), for defendant-respondent-appellant.

Phillips Lytle LLP, Buffalo (William D. Christ of counsel), for nonparty movants Sevenson Environmental Services, Inc. and Phillips Lytle, LLP.

Appeal and cross appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered April 20, 2010. The order, inter alia, granted the motion of defendant for summary judgment and denied the cross motion of plaintiff for summary judgment.

Now, upon reading and filing the stipulation discontinuing appeals signed by the attorneys for the parties on September 13, 2011,

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