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Gibbs v. State Farm Fire & Casualty Co.

137 A.D.3d 1618 Court N.Y. App. Div. Decision date 2016-03-18 English

Judges Present—Smith, J.P., Peradotto, Curran and Scudder, JJ.

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p. 1618
Paula Gibbs, Appellant, v State Farm Fire and Casualty Co., Respondent. (Appeal No. 2.)
[26 NYS3d 914]

Appeal from a judgment of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered April 23, 2015. The judgment, insofar as appealed from, ordered a new trial on damages to the dwelling and additional living expenses unless plaintiff stipulates to damages of $43,000 and $11,669.60, respectively.

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

Present—Smith, J.P., Peradotto, Curran and Scudder, JJ.