Utica Mut. Ins. Co. v Erie Ins. Co.

Utica Mut. Ins. Co. v Erie Ins. Co. 2013 NY Slip Op 04460 Released on June 14, 2013 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Released on June 14, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, VALENTINO, AND MARTOCHE, JJ.
431 CA 12-01415

[*1]UTICA MUTUAL INSURANCE COMPANY, EXPRESSWAY AUTO AUCTION, INC. AND EDWARD MILLER, PLAINTIFFS-RESPONDENTS,

v

ERIE INSURANCE COMPANY, DEFENDANT-APPELLANT. (APPEAL NO. 2.)


Appeal from a judgment of the Supreme Court, Oneida County (David A. Murad, J.), entered June 27, 2012. The judgment awarded plaintiff Utica Mutual Insurance Company the sum of $260,803 against defendant.


HURWITZ & FINE, P.C., BUFFALO (KATHERINE A. FIJAL OF COUNSEL), FOR DEFENDANT-APPELLANT.
LESTER SCHWAB KATZ & DWYER, LLP, NEW YORK CITY (JOSHUA C. ZIMRING OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.


It is hereby ORDERED that the judgment so appealed from is unanimously vacated without costs.

Same Memorandum as in Utica Mut. Ins. Co. v Erie Ins. Co. ([appeal No. 1] ___ AD3d ___ [June 14, 2013]).
Entered: June 14, 2013
Frances E. Cafarell
Clerk of the Court