| Schulz v Erie & Niagara Ins. Assn. |
| 2006 NY Slip Op 09866 [35 AD3d 1253] |
| December 22, 2006 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Jeffrey A. Schulz, Appellant, v Erie & Niagara Insurance Association, Respondent. |
—[*1]Appeal from an order of the Supreme Court, Cattaraugus County (Larry M. Himelein, A.J.), entered September 28, 2005. The order, among other things, denied plaintiff's motion to strike the answer.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs. Present—Hurlbutt, J.P., Smith, Centra and Pine, JJ.