Utica Mut. Ins. Co. v Erie Ins. Co.
2013 NY Slip Op 04460 [107 AD3d 1526]
June 14, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 31, 2013


Utica Mutual Insurance Company et al., Respondents, v Erie Insurance Company, Appellant. (Appeal No. 2.)

—[*1] Hurwitz & Fine, P.C., Buffalo (Katherine A. Fijal of counsel), for defendant-appellant.

Lester Schwab Katz & Dwyer, LLP, New York City (Joshua C. Zimring of counsel), for plaintiffs-respondents.

Appeal from a judgment of the Supreme Court, Oneida County (David A. Murad, J.), entered June 27, 2012. The judgment awarded plaintiff Utica Mutual Insurance Company the sum of $260,803 against defendant.

It is hereby ordered that the judgment so appealed from is unanimously vacated without costs.

Same memorandum as in Utica Mut. Ins. Co. v Erie Ins. Co. (107 AD3d 1522 [2013]). Present—Scudder, P.J., Peradotto, Lindley, Valentino and Martoche, JJ.