Harleysville Worcester Ins. Co. v County of Erie
2017 NY Slip Op 04609 [151 AD3d 1636]
June 9, 2017
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 2, 2017


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  Harleysville Worcester Insurance Company, as Assignee/Subrogee of Fisher Development & General Contracting, Inc., Appellant, v County of Erie, Respondent.

Reeve Brown PLLC, Rochester (Marc S. Brown of counsel), for plaintiff-appellant.

Michael A. Siragusa, County Attorney, Buffalo (Michelle M. Parker of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Deborah A. Chimes, J.), entered January 8, 2016. The order, among other things, granted defendant's motion for summary judgment and dismissed plaintiff's complaint.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on April 6, 2017,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Carni, J.P., NeMoyer, Curran and Troutman, JJ.