Utica Mutual Insurance v. Erie Insurance

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.