Illinois Union Ins. Co. v Arric Corp.
2012 NY Slip Op 03013 [94 AD3d 1444]
April 20, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 23, 2012


Illinois Union Insurance Company, Plaintiff, v Arric Corporation, et al., Defendants. Arric Corporation, Third-Party Plaintiff,
v
Fireman's Fund Insurance Company et al., Third-Party Defendants-Appellants, and Guard Contracting Corporation, Third-Party Defendant-Respondent, et al., Third-Party Defendants.

—[*1] Lawrence, Worden, Rainis & Bard, P.C., Melville (Roger B. Lawrence of counsel), for third-party defendants-appellants.

Gibson, McAskill & Crosby, LLP, Buffalo (Victor Alan Oliveri of counsel), for third-party defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered July 30, 2010. The order denied the motion of third-party defendants Fireman's Fund Insurance Company and National Surety Corporation for summary judgment and granted the cross motion of third-party defendant Guard Contracting Corporation for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on January 31, 2012 and filed on February 14, 2012,

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