SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
April 20, 2012
ILLINOIS UNION INSURANCE COMPANY,
ARRIC CORPORATION, ET AL.,
DEFENDANTS. ARRIC CORPORATION, THIRD-PARTY PLAINTIFF, FIREMAN'S FUND INSURANCE COMPANY, NATIONAL
SURETY CORPORATION, THIRD-PARTY DEFENDANTS-APPELLANTS, GUARD CONTRACTING CORPORATION,
THIRD-PARTY DEFENDANT-RESPONDENT, ET AL., THIRD-PARTY DEFENDANTS.
Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered July 30, 2010.
Illinois Union Ins. Co. v Arric Corp.
Decided on April 20, 2012
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.
PRESENT: SCUDDER, P.J., SMITH, FAHEY, CARNI, AND SCONIERS, JJ.
The order denied the motion of third-party defendants Fireman's Fund Insurance Company and National Surety Corporation for summary judgment and granted the cross motion of third-party defendant Guard Contracting Corporation for summary judgment.
Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on January 31, 2012 and filed on February 14, 2012,
It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.
Entered: April 20, 2012
Frances E. Cafarell Clerk of the Court
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