Jones v Erie Ins. Co.
2007 NY Slip Op 02325 [38 AD3d 1322]
March 16, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 9, 2007


David W. Jones, Appellant, v Erie Insurance Company, Respondent.

—[*1] DeFrancisco Law Firm, Syracuse (Charles L. Falgiatano of counsel), for plaintiff-appellant.

Richard P. Plochocki, Syracuse, for defendant-respondent.

Appeal from an order of the Supreme Court, Onondaga County (Thomas J. Murphy, J.), entered December 15, 2005 in a breach of contract action. The order denied plaintiff's motion to set aside the jury verdict.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court. Present—Hurlbutt, J.P., Gorski, Fahey, Peradotto and Green, JJ.