Rothfuss v Erie & Niagara Ins. Assn.
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Rothfuss v Erie & Niagara Ins. Assn.
2011 NY Slip Op 09718
Decided on December 30, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on December 30, 2011
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, GREEN, AND MARTOCHE, JJ.
1347 CA 11-01372
[*1]ERIC ROTHFUSS AND LORA ANN ROTHFUSS, PLAINTIFFS-RESPONDENTS-APPELLANTS,
v
ERIE AND NIAGARA INSURANCE ASSOCIATION, DEFENDANT-APPELLANT-RESPONDENT.
Appeal and cross appeal from a judgment (denominated order) of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered November 1, 2010. The judgment, among other things, adjudged that plaintiffs suffered a loss covered under the terms of the policy of insurance issued by defendant.
ERNEST D. SANTORO, ESQ., P.C., ROCHESTER (ERNEST D. SANTORO OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT.
COSTELLO, COONEY & FEARON, PLLC, SYRACUSE (CHRISTINA F. DEJOSEPH OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS-APPELLANTS.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.
Entered: December 30, 2011
Frances E. Cafarell
Clerk of the Court
Decided on December 30, 2011
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, GREEN, AND MARTOCHE, JJ.
1347 CA 11-01372
[*1]ERIC ROTHFUSS AND LORA ANN ROTHFUSS, PLAINTIFFS-RESPONDENTS-APPELLANTS,
v
ERIE AND NIAGARA INSURANCE ASSOCIATION, DEFENDANT-APPELLANT-RESPONDENT.
Appeal and cross appeal from a judgment (denominated order) of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered November 1, 2010. The judgment, among other things, adjudged that plaintiffs suffered a loss covered under the terms of the policy of insurance issued by defendant.
ERNEST D. SANTORO, ESQ., P.C., ROCHESTER (ERNEST D. SANTORO OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT.
COSTELLO, COONEY & FEARON, PLLC, SYRACUSE (CHRISTINA F. DEJOSEPH OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS-APPELLANTS.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.
Entered: December 30, 2011
Frances E. Cafarell
Clerk of the Court
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