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905 ACKERMAN AVE., LLC v. STATE FARM FIRE & CAS. CO.

853 CA 23-00197.

221 A.D.3d 1583 (2023)

198 N.Y.S.3d 463

2023 NY Slip Op 05913

905 Ackerman Avenue, LLC, Respondent, v. State Farm Fire and Casualty Company, Appellant, et al., Defendant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided November 17, 2023.

Attorney(s) appearing for the Case

HURWITZ FINE, P.C., BUFFALO ( SCOTT D. STORM OF COUNSEL), FOR DEFENDANT-APPELLANT.

LYNN LAW FIRM, LLP, SYRACUSE ( MARTIN A. LYNN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

COSTELLO, COONEY & FEARON, PLLC, SYRACUSE ( ALEXANDRA L. CONDON OF COUNSEL), FOR DEFENDANT.

Present—Whalen, P.J., Lindley, Montour, Greenwood and Nowak, JJ.

Appeal from an order of the Supreme Court, Onondaga County (Scott J. DelConte, J.), entered January 13, 2023. The order, among other things, denied defendant State Farm Fire and Casualty Company's motion seeking, inter alia, summary judgment.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on October 24, 2023,

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

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