| Farmers New Century Ins. Co. v FedEx Frgt., Inc. |
| 2018 NY Slip Op 01842 [159 AD3d 1493] |
| March 16, 2018 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Farmers New Century Insurance Company, as Subrogee of
Diane Anderson, et al., Respondents, v FedEx Freight, Inc., Appellant, and Niagara Mohawk Power Corporation, Doing Business as National Grid, Respondent, et al., Defendants. |
Burden, Hafner & Hansen, LLC, Buffalo (Donna L. Burden of counsel), for defendant-appellant.
White & Williams, LLP, Philadelphia, Pennsylvania (William J. Schmidt of counsel), for plaintiffs-respondents.
Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered September 26, 2016. The order denied the motion of defendant FedEx Freight, Inc., for summary judgment.
Now, upon the stipulation of discontinuance as to defendant FedEx Freight, Inc. signed by the attorneys for plaintiffs and defendant FedEx Freight, Inc., and filed in the Erie County Clerk's Office on February 16, 2018,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Centra, J.P., Peradotto, Lindley, Curran and Troutman, JJ.