Tanner v Heffernan Ins. Brokers, Inc. (2021 NY Slip Op 02670)

Tanner v Heffernan Ins. Brokers, Inc.

2021 NY Slip Op 02670 [193 AD3d 1368]

April 30, 2021

Appellate Division, Fourth Department

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

As corrected through Wednesday, June 2, 2021

[*1]

Cristina Tanner, Individually, as Legal Guardian of Jason Tanner, and as Assignee of Risen Foods, LLC, Respondent,
v
Heffernan Insurance Brokers, Inc., et al., Appellants, et al., Defendant.

Lewis Brisbois Bisgaard & Smith LLP, New York City (Peter T. Shapiro of counsel), for defendants-appellants.

Barth Sullivan Behr, LLP, Buffalo (John R. Condren of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Oneida County (Erin P. Gall, J.), entered January 24, 2020. The order denied the motion of defendants Heffernan Insurance Brokers, Inc., and Dana Schiller to dismiss the second amended complaint against them.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on February 26, 2021,

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