Narrative Opinion Summary
Erie Insurance Company, as an assignee of Michael Del Vecchio Remodeling, Inc., filed a complaint against Walsh Duffield Companies, Inc. (successor by merger with Don Allen Agency, Inc.), Don Allen Agency, Inc., and Michael Shay (individually and as an insurance broker). The Supreme Court of Monroe County, presided by Justice Craig J. Doran, issued an order on November 10, 2021, which denied the motion of the defendants for summary judgment to dismiss the complaint. Following this, a stipulation of discontinuance was filed by the parties’ attorneys on September 8, 2022. Consequently, the Appellate Division, Fourth Department, unanimously dismissed the appeal without costs on September 30, 2022.
Legal Issues Addressed
Dismissal of Appealsubscribe to see similar legal issues
Application: The Appellate Division dismissed the appeal following the stipulation of discontinuance filed by the parties.
Reasoning: Consequently, the Appellate Division, Fourth Department, unanimously dismissed the appeal without costs on September 30, 2022.
Stipulation of Discontinuancesubscribe to see similar legal issues
Application: The parties agreed to discontinue the case, which led to the dismissal of the appeal by the Appellate Division.
Reasoning: Following this, a stipulation of discontinuance was filed by the parties’ attorneys on September 8, 2022.
Summary Judgment Denialsubscribe to see similar legal issues
Application: The court denied the defendants' motion for summary judgment, allowing the case to proceed despite the defendants' request for dismissal.
Reasoning: The Supreme Court of Monroe County, presided by Justice Craig J. Doran, issued an order on November 10, 2021, which denied the motion of the defendants for summary judgment to dismiss the complaint.