N.Y. Cent. Mut. Fire Ins. Co. v. Moore

Full title: NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, PLAINTIFF-APPELLANT, v…

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 14, 2004

778 N.Y.S.2d 383 (N.Y. App. Div. 2004)

Opinion

CA 03-02330.

Decided June 14, 2004.

Appeal from an order of the Supreme Court, Erie County (Salvatore R. Martoche, J.), entered June 17, 2003. The order denied plaintiff's motion for summary judgment in an action for fraud, unjust enrichment and breach of contract.

LAW OFFICE OF ROY A. MURA, BUFFALO (SCOTT D. STORM OF COUNSEL), FOR PLAINTIFF-APPELLANT.

ZDARSKY, SAWICKI AGOSTINELLI, BUFFALO (PATRICK A. DUDLEY OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Before: PRESENT: PINE, J.P., HURLBUTT, KEHOE, LAWTON, AND HAYES, JJ.

ORDER

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on April 19, 2004,

It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs upon stipulation.