| Erie Ins. Co. v Walsh Duffield Cos., Inc. |
| 2022 NY Slip Op 05463 [208 AD3d 1647] |
| September 30, 2022 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Erie Insurance Company, an Assignee of Michael
DelVecchio Remodeling, Inc., Respondent, v Walsh Duffield Companies, Inc., as Successor by Merger with Don Allen Agency, Inc., Defendant, and Don Allen Agency, Inc., Individually, et al., Appellants. |
Goldberg Segalla LLP, Buffalo (Jonathan Schapp of counsel), for defendants-appellants.
Rupp Baase Pfalzgraf Cunningham LLC, Buffalo (Marco Cercone of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Monroe County (Craig J. Doran, J.), entered November 10, 2021. The order, among other things, denied the motion of defendants Don Allen Agency, Inc., individually, and Michael Shay, individually and in his capacity as an insurance broker, for summary judgment dismissing the complaint.
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—Smith, J.P., Peradotto, NeMoyer, Curran and Bannister, JJ.