Rothfuss v Erie & Niagara Ins. Assn.
2011 NY Slip Op 09718 [90 AD3d 1652]
December 30, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 1, 2012


Eric Rothfuss et al., Respondents-Appellants,
v
Erie and Niagara Insurance Association, Appellant-Respondent.

—[*1] Ernest D. Santoro, Esq., P.C., Rochester (Ernest D. Santoro of counsel), for defendant-appellant-respondent.

Costello, Cooney & Fearon, PLLC, Syracuse (Christina F. Dejoseph of counsel), for plaintiffs-respondents-appellants.

Appeal and cross appeal from a judgment (denominated order) of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered November 1, 2010. The judgment, among other things, adjudged that plaintiffs suffered a loss covered under the terms of the policy of insurance issued by defendant.

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