| Philadelphia Indem. Ins. Co. v Davis-Ulmer Sprinkler Co., Inc. |
| 2015 NY Slip Op 02579 [126 AD3d 1432] |
| March 27, 2015 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Philadelphia Indemnity Insurance Company, as
Subrogee of Catholic Charities of the Diocese of Rochester,
Respondent, v Davis-Ulmer Sprinkler Company, Inc., Appellant. |
Phillips Lytle LLP, Buffalo (Kevin J. English of counsel), for defendant-appellant.
Rosner Nocera & Ragone, LLP, New York City (Eliot L. Greenberg of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered April 4, 2014. The order denied the motion of defendant to dismiss the complaint.
Now, upon the stipulation of discontinuance signed by the attorneys for the parties on January 30 and February 17, 2015, and filed in the Monroe County Clerk's Office on March 11, 2015,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Centra, J.P., Peradotto, Lindley, Sconiers and DeJoseph, JJ.