LYDIA MITTERMAIER, ETC. VS. TIMOTHY LAVOIE VS. STATE FARM INDEMNITY COMPANY (L-1144-15, SOMERSET COUNTY AND STATEWIDE)

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3168-19 LYDIA MITTERMAIER, executrix of the Estate of CHARLES MITTERMAIER,

Plaintiff-Respondent, v.

TIMOTHY LAVOIE and

YORK FENCE COMPANY,

Defendants, and

NEW JERSEY MANUFACTURERS

INSURANCE COMPANY,

Defendant-Respondent, and

YORK FENCE CONSTRUCTION

CO., INC.,

Defendant/Third-Party

Plaintiff/Appellant, v. STATE FARM INDEMNITY

COMPANY,

Third-Party Defendant. ______________________________

Submitted October 6, 2021 – Decided October 20, 2021 Before Judges Hoffman and Whipple.

On appeal from the Superior Court of New Jersey, Law Division, Somerset County, Docket No. L-1144-15.

Leary Bride Mergner & Bongiovanni, PA, attorneys for appellant (William H. Mergner and Peter M. Bouton, of counsel and on the briefs).

Wilentz, Goldman & Spitzer, PA, attorneys for respondent Lydia Mittermaier (Robert L. Selvers, of counsel and on the brief).

Kennedys CMK, LLP, attorneys for respondent New Jersey Manufacturers Insurance Company (John P. Gilfillan, of counsel and on the brief; Michael C. Shapiro, on the brief).

We have been advised prior to oral argument that this matter has been amicable adjusted and the parties have stipulated to the dismissal of this appeal. Accordingly, the appeal is dismissed with prejudice and without costs.

A-3168-19