SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
431
CA 12-01415
PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, VALENTINO, AND MARTOCHE, JJ.
UTICA MUTUAL INSURANCE COMPANY, EXPRESSWAY
AUTO AUCTION, INC. AND EDWARD MILLER,
PLAINTIFFS-RESPONDENTS,
V MEMORANDUM AND ORDER
ERIE INSURANCE COMPANY, DEFENDANT-APPELLANT.
(APPEAL NO. 2.)
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. ([appeal
No. 1] ___ AD3d ___ [June 14, 2013]).
Entered: June 14, 2013 Frances E. Cafarell
Clerk of the Court