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COLONIA INSURANCE COMPANY v. S&A STORES, INC.

272 A.D.2d 209 (2000)

708 N.Y.S.2d 381

COLONIA INSURANCE COMPANY, Respondent, v. S&A STORES, INC., Defendant and Third-Party Plaintiff. CREATIVE COVERAGE NETWORK, INC., Third-Party Defendant and Second Third-Party Plaintiff, v. NEWPORT COVERAGE CORP. et al., Second Third-Party Defendants-Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 23, 2000.

Plaintiff demonstrated that it never intended to abandon the action. The action was marked off the calendar pursuant to stipulation entered into between plaintiff and defendant. The stipulation placed the onus of restoration on defendant, since it needed to bring a third-party action against an insurance broker and plaintiff was accommodating such need by entering into the stipulation. The stipulation was followed with immediate and significant third-party practice, apparently...

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