UTICA MUTUAL INSURANCE COMPANY v. ERIE INSURANCE COMPANY

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 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