Ortho-Clinical Diagnostics, Inc. v Aspen Specialty Ins. Co.
2017 NY Slip Op 06322 [153 AD3d 1129]
August 23, 2017
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 27, 2017


[*1]
 Ortho-Clinical Diagnostics, Inc., Appellant, v Aspen Specialty Insurance Company et al., Respondents, et al., Defendant. Aspen Insurance UK Limited, Third-Party Plaintiff-Respondent,
v
Elmer W. Davis, Inc., Third-Party Defendant-Appellant.

Barclay Damon LLP, Rochester (Mark T. Whitford, Jr., of counsel), for plaintiff-appellant and Third-party defendant-appellant.

Lester Schwab Katz & Dwyer, LLP, New York City (Jonathan Glasser of counsel), for defendants-respondents and Third-party plaintiff-respondent.

Appeal from an order of the Supreme Court, Monroe County (William K. Taylor, J.), entered June 3, 2016. The order, among other things, granted the motion of defendants Aspen Specialty Insurance Company and Aspen Insurance UK Limited for summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on July 14, 2017,

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