Barney v Dryden Mut. Ins. Co.
2022 NY Slip Op 05450 [208 AD3d 1638]
September 30, 2022
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 9, 2022


[*1]
 Assunta Barney, Individually and Doing Business as Action Top Soil, Respondent,
v
Dryden Mutual Insurance Company, Appellant.

Rupp Baase Pfalzgraf Cunningham LLC, Buffalo (Brandon Snyder of counsel), for defendant-appellant.

Cerio Law Offices, PLLC, Syracuse (Nathaniel V. Riley of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Onondaga County (Gerard J. Neri, J.), entered July 12, 2021. The order denied defendant's motion to dismiss certain claims.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on September 8, 2022,

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