Utica Mutual Insurance v. Erie Insurance — 107 A.D.3d 1526

Majority

p. 1526

Utica Mutual Insurance Company et al., Respondents, v Erie Insurance Company, Appellant.

(Appeal No. 2.)

[966 NYS2d 725]

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.

Cases cited

Utica Mutual Insurance v. Erie Insurance 107 AD3d 1522 N.Y. App. Div. 2013-06-14 p. 1526