NICK'S GARAGE, INC. v. ADIRONDACK INSURANCE EXCHANGE

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 674 CA 14-02239 PRESENT: SMITH, J.P., CENTRA, PERADOTTO, AND WHALEN, JJ. NICK’S GARAGE, INC., PLAINTIFF-RESPONDENT, V ORDER ADIRONDACK INSURANCE EXCHANGE, DEFENDANT-APPELLANT. GOLDBERG SEGALLA LLP, SYRACUSE (HEATHER ZIMMERMAN OF COUNSEL), FOR DEFENDANT-APPELLANT. BOUSQUET HOLSTEIN PLLC, SYRACUSE (CECELIA R.S. CANNON OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Appeal from an order of the Supreme Court, Onondaga County (James P. Murphy, J.), entered March 4, 2014. The order, insofar as appealed from, denied in part the motion of defendant to dismiss the amended complaint. Now, upon the stipulation of discontinuance signed by the attorneys for the parties on July 17, 2015, and filed in the Onondaga County Clerk’s Office on July 17, 2015, It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation. Entered: October 9, 2015 Frances E. Cafarell Clerk of the Court