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Alan G. Jerge and Laurel and Hardy Cafe, Inc v. Penn-America Group

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


April 29, 2011

ALAN G. JERGE AND LAUREL AND HARDY CAFE, INC.,
PLAINTIFFS-RESPONDENTS,
v.
PENN-AMERICA GROUP, INC., PENN-STAR INSURANCE COMPANY,
UNITED AMERICA INSURANCE GROUP, UNITED AMERICA INDEMNITY, LTD.,
DEFENDANTS-APPELLANTS,
RONALD BRANIA, SR. AND DARLENE BRANIA,
DEFENDANTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered June 2, 2010.

Jerge v. Penn-america Group, Inc.

Appellate Division, Fourth Department

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

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 29, 2011

PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ.

The order, among other things, denied the motion of defendants Penn-America Group, Inc., Penn-Star Insurance Company, United America Insurance Group and United America Indemnity, Ltd. for summary judgment and granted that part of plaintiffs' cross motion seeking a declaration that those defendants are obligated to defend plaintiffs in the underlying action commenced by defendants Ronald Brania, Sr. and Darlene Brania.

Now, upon reading and filing the stipulation to withdraw appeal signed by the attorneys for the parties on March 24, 28 and 31, 2011,

It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.

Entered: April 29, 2011

Patricia L. Morgan Clerk of the Court

20110429

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