| New York Cent. Mut. Fire Ins. Co. v O'Donnell |
| 2025 NY Slip Op 06499 [243 AD3d 1368] |
| November 21, 2025 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| New York Central Mutual Fire Insurance Company, as
Subrogee of Diana Southall, Respondent, v Katherine O'Donnell, Appellant, et al., Defendant. |
Law Offices of John Wallace, Hartford, Connecticut (James J. Navagh of counsel), for defendant-appellant.
Rupp Pfalzgraf LLC, Buffalo (Matthew F. Withiam-Leitch of counsel), for plaintiff-respondent.
Appeal from an order of the Supreme Court, Erie County (Joseph C. Lorigo, J.), entered May 2, 2024, in a personal injury action. The order, insofar as appealed from, denied the motion of defendant Katherine O'Donnell for summary judgment.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on September 29, 2025,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Lindley, J.P., Curran, Ogden, Nowak and Keane, JJ.