Fidelity National Title Insurance Company v Berkshire Abstract & Title Agency Inc.

Motion No: M-2502

Slip Opinion No: 2020 NYSlipOp 71309(U)

Decided on September 10, 2020

Appellate Division, First Department, Motion Decision

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

This motion is uncorrected and is not subject to publication in the Official Reports.

September 10, 2020

Fidelity National Title Insurance Company,

Plaintiff-Respondent-Appellant,

v

Berkshire Abstract & Title Agency, Inc.,

Alan H Rubin, Debbie Wiesel,

Defendants,

Stewart Title Insurance Company,

Defendant-Appellant-Respondent.

Berkshire Abstract & Title Agency, Inc.,

Alan H Rubin and Debbie Wiesel, Third-Party Plaintiffs, v

Stewart Title Company, Inc. & Stewart

Title Agency & Stewart Title Insurance

Company, Inc., Third-Party Defendants-Appellants- Respondents,

Executive Abstract Corp., Third-Party Defendant.

-----------------------------------------X An appeal and cross appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about October 30, 2019, Now, upon reading and filing the correspondence from counsel for cross appellant Fidelity National Title Insurance Company dated July 25, 2020, and due deliberation having been had thereon, It is ordered that the cross appeal is deemed withdrawn in accordance with the aforesaid correspondence. ENTERED: September 10, 2020

_____________________ CLERK

Present - Hon. Rolando T. Acosta,Presiding Justice,David Friedman Dianne T. Renwick Sallie Manzanet-Daniels Judith J. Gische,Justices

M-2502

Index No. 151658/15