Summary
In Muhleman v. Insurance Co., supra, it was held that "the demurrant must be considered as admitting all that can reasonably be inferred by a jury, from the evidence given by the other party; and as waiving all the evidence on his part which contradicts that offered by the other party, or the credit of which is impeached", and this holding is followed in a long line of cases decided by this court.
Summary of this case from Conner v. JarrettOpinion
2012-01-31
Fred MUHLEMAN, Plaintiff–Appellant, v. NATIONWIDE INSURANCE and Nationwide Fire Insurance Company, Defendants–Respondents.
Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered February 2, 2011 in a declaratory judgment action. The order, among other things, granted defendants' cross motion for dismissal and summary judgment.Law Office of Ronald J. Passero, Rochester (Ronald J. Passero of Counsel), for plaintiff-appellant. Law Offices of Epstein, Gialleonardo & Hartford, Getzville (Jennifer V. Schiffmacher of Counsel), for defendants-respondents.
Appeal from an order of the Supreme Court, Monroe County (Matthew A. Rosenbaum, J.), entered February 2, 2011 in a declaratory judgment action. The order, among other things, granted defendants' cross motion for dismissal and summary judgment.Law Office of Ronald J. Passero, Rochester (Ronald J. Passero of Counsel), for plaintiff-appellant. Law Offices of Epstein, Gialleonardo & Hartford, Getzville (Jennifer V. Schiffmacher of Counsel), for defendants-respondents.
Now, upon reading and filing the stipulation discontinuing action signed by the attorneys for the parties on January 18 and 20, 2012,
It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.