Lewis & Stanzione v. St. Paul Fire & Marine Insurance Company

Filing 53

ORDER - That St. Paul's third-party complaint (Dkt. No. 17) is DISMISSED. That St. Paul motion to dismiss counterclaims (Dkt. No. 24) is DENIED as moot. Signed by Chief Judge Gary L. Sharpe on 8/4/2014. (jel, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________
LEWIS & STANZIONE,
Plaintiff,

1:13-cv-863
(GLS/RFT)

v.
ST. PAUL FIRE & MARINE
INSURANCE COMPANY,
Defendant/
Third-Party
Plaintiff,
v.
JOSEPH STANZIONE,
Third-Party
Defendant.
________________________________
ORDER
In light of St. Paul Fire & Marine Insurance Company’s June 19, 2014
status report, in which it states that it “withdraws its [t]hird-[p]arty
[c]omplaint,” (Dkt. No. 37 at 1), the Clerk is directed to dismiss St. Paul’s
third-party complaint, (Dkt. No. 17). Further, as a result of its voluntary
dismissal of its third-party complaint, St. Paul notes that “there is no need
for the [c]ourt to further address St. Paul’s [m]otion to [d]ismiss

[c]ounterclaims,” because those counterclaims “are now moot.” (Dkt. No.
37 at 1.) The court agrees, and St. Paul’s motion to dismiss counterclaims
is denied as moot.
WHEREFORE, for the foregoing reasons, it is hereby
ORDERED that St. Paul’s third-party complaint (Dkt. No. 17) is
DISMISSED; and it is further
ORDERED that St. Paul’s motion to dismiss counterclaims (Dkt. No.
24) is DENIED as moot; and it is further
ORDERED that the Clerk provide a copy of this Order to the parties.
IT IS SO ORDERED.
August 4, 2014
Albany, New York

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