Estate of Pellegrino v Erie Ins. Co.

Estate of Pellegrino v Erie Ins. Co. 2017 NY Slip Op 03376 Decided on April 28, 2017 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.

Decided on April 28, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: PERADOTTO, J.P., CARNI, LINDLEY, TROUTMAN, AND SCUDDER, JJ.
548 CA 16-01385

[*1]ESTATE OF ROSE S. PELLEGRINO, DECEASED, PLAINTIFF-APPELLANT,

v

ERIE INSURANCE COMPANY, DEFENDANT-RESPONDENT.

VINAL & VINAL, P.C., BUFFALO (GREGG S. MAXWELL OF COUNSEL), FOR PLAINTIFF-APPELLANT.

BARCLAY DAMON, LLP, ROCHESTER (JOSEPH A. WILSON OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Orleans County (James P. Punch, A.J.), entered March 18, 2016. The order, insofar as appealed from, denied in part the motion of plaintiff for partial summary judgment and granted in part the cross motion of defendant for summary judgment.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: April 28, 2017

Frances E. Cafarell

Clerk of the Court