Abuhamra v Erie Ins. Co.
2008 NY Slip Op 02228 [49 AD3d 1155]
March 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


Hani H. Abuhamra, Appellant, v Erie Insurance Company, Respondent.

—[*1] Bloom, Cole & Shonn, LLP, Buffalo (Eric A. Bloom of counsel), for plaintiff-appellant.

Rupp, Baase, Pfalzgraf, Cunningham & Coppola LLC, Buffalo (Marco Cercone of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Christopher J. Burns, J.), entered December 21, 2006 in a breach of contract action. The order granted defendant's motion for summary judgment dismissing plaintiff's replacement cost claim and directed defendant to pay plaintiff the sum of $37,270.76 in full satisfaction of plaintiff's loss.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Hurlbutt, J.P., Martoche, Smith, Lunn and Peradotto, JJ.