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C.W. BROWN, INC. v. HCE, INC.

8 A.D.3d 520 (2004)

779 N.Y.S.2d 514

C.W. BROWN, INC., et al., Plaintiffs, and INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Respondent, v. HCE, INC., et al., Defendants, and MORSE DIESEL INTERNATIONAL INC., Respondent, and SURETY & INSURANCE CLAIM SPECIALISTS, INC., Appellant.

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

June 21, 2004.

Ordered that the order is affirmed, with costs to the defendant Morse Diesel International, Inc., payable by the appellant.

The Supreme Court correctly rejected the stipulation of discontinuance between the plaintiff Insurance Company of the State of Pennsylvania (hereinafter ICOP) and the appellant Surety & Insurance Claims Specialists, Inc. (hereinafter SICS), because Morse Diesel International, Inc. (hereinafter Morse Diesel), a defendant in the action, did...

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