Colon v. State National Insurance Company, Inc.

Filing 12

STIPULATION AND ORDER OF DISCONTINUANCE. Ordered by Chief Judge Carol Bagley Amon on 11/8/2011. (Fernandez, Erica)

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'.': NOV -9 2011
UNITED STATES DISTRJCT COURT
EASTERN DISTRICT OF NEW YORK
JULIO COLON,

Docket No: ll-cv-2573 (CBA) (JO)
Plaintiff,
STIPULATION OF
DISCONTINUANCE

- against-

STATE NATIONAL INSURANCE COMPANY,
INC.,
Defendant.

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IT IS HEREBY STIPULATED AND ORDERED that:
(I)

Whereas plaintiff Julio Colon commenced this insurance coverage declaratory

judgment action against defendant State National Insurance Company ("State National") for a
declaration that State National has an obligation, under commercial general liability policy
number AP007500269, to honor a judgment in the surn of $133,144.50 entered against State

National's insured, S.A.D. Realty Corp. ("S.A.D."), in plaintiff's underlying personal injury
action entitled Julio Colon v. S.A.D. Realty Com., tiled in the Supreme Court of the State of

New York, County of Kings under Index Number 29740/09 (the "Underlying Action"); and

(2)

Whereas defendant State National has filed counterclaims asserting that it has no

duty to provide coverage to plaintiff Colon, or State National's insured, S.A.D., with respect to
plaintiff~ claims

(3)

and $133.144.50 judgment awarded to plaintiff in the Underlying Action; and

Whereas the parties have reached an agreement to settle this declaratory judgment

action for the sum of $55.000, to be paid by defendant State National without interest, costs or
attorneys' fees: it is hereby

STIPULATED AND ORDERED that:
(a)

this action, and all claims and counterclaims, are hereby discontinued with

prejudice and without any costs or attorneys' fees tO any pany in this action, and with all parties

releasing all claims against all other parties asserted herein and/or relating to the Underlying
Action; and

(b)

Datt~d;

facsimile signatures will be deemed originals for the purpose of this stipulation.

Mineola, New York
Nov~.::mber

I, 2011

LINDA T. ZIATZ, ESQ.

MIRANDA SAMBURSKY SLONE
SKLARJN VERVENIOTJS, LLP
Attorneys for Defendant
State National Insurance Company
240 Mineola Boulevard
Mineola, New York 11501

Attorney tbr Plaintiff
JULIO COLON

100-09 Metropolitan Avenue
Forest Hills, New York 11375
[phone]

(516) 74 ·h 76
FileNo
·153
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By:~->~~
~iatz, Esq.(~
SO ORDERED:

s/CBA

ii'oN. c AROV B.~EY)iV!oN
Chief U.S. Distric

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