| Panama Cent. Sch. Dist. v Everguard Surfacing, Co., Inc. |
| 2022 NY Slip Op 03823 [206 AD3d 1688] |
| June 10, 2022 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Panama Central School District,
Respondent, v Everguard Surfacing, Co., Inc., et al., Defendants, and First National Insurance Company of America et al., Appellants. |
Lewandowski & Associates, West Seneca (Stephen J. Stachowski of counsel), for defendants-appellants and defendant RW Construction, Inc.
Harris Beach PLLC, Buffalo (Kirstie A. Means of counsel), for plaintiff-respondent.
R. Thomas Rankin, Jamestown, for defendant Everguard Surfacing, Co., Inc.
Appeal from an order of the Supreme Court, Chautauqua County (Frank A. Sedita, III, J.), entered December 8, 2017. The order, insofar as appealed from, denied the motion of defendants First National Insurance Company of America and Liberty Mutual Group, Inc., for summary judgment dismissing the complaint against them.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on May 5, 2022,
It is hereby ordered that said appeal is dismissed without costs upon stipulation.
All concur except Troutman, J., who is not participating. Present—Centra, J.P., Peradotto, Lindley, NeMoyer and Troutman, JJ.