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Presnell v. New York Central Mutual Ins. Co.

Supreme Court of New York, Fourth Department

June 7, 2013

CHASTITY N. PRESNELL, PLAINTIFF-RESPONDENT,
v.
NEW YORK CENTRAL MUTUAL INSURANCE COMPANY, DEFENDANT-APPELLANT.

Appeal from an order of the Supreme Court, Niagara County (Matthew J. Murphy, III, A.J.), entered April 4, 2012. The order denied the motion of defendant to dismiss plaintiff's breach of contract claim.

BAXTER SMITH & SHAPIRO, P.C., WEST SENECA (LOUIS B. DINGELDEY, JR., OF COUNSEL), FOR DEFENDANT-APPELLANT.

CELLINO & BARNES, P.C., BUFFALO (ELLEN B. STURM OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties,

PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, SCONIERS, AND WHALEN, JJ.

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


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