Caring Enters., Inc. v QBE Specialty Ins. Co. (2015 NY Slip Op 06608)

Caring Enters., Inc. v QBE Specialty Ins. Co.

2015 NY Slip Op 06608 [131 AD3d 800]

August 19, 2015

Appellate Division, Fourth Department

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

As corrected through Wednesday, September 23, 2015

[*1] (August 19, 2015)

Caring Enterprises, Inc., Doing Business as Health Force, Respondent,
v
QBE Specialty Insurance Company, Appellant.

Hurwitz & Fine, P.C., Buffalo (Steven E. Peiper of counsel), for defendant-appellant.

Brown Chiari LLP, Lancaster (Michael R. Drumm of counsel), for plaintiff-respondent.

Appeal from a judgment of the Supreme Court, Erie County (John M. Curran, J.), entered January 3, 2013. The judgment, rendered upon a nonjury trial, declared that defendant is obligated to defend and indemnify plaintiff in an underlying action.

Now, upon reading and filing the stipulation of withdrawal of appeal signed by the attorneys for the parties on July 9, 2015,

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