GIBBS, PAULA L. v. STATE FARM FIRE AND CASUALTY CO.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department CA 15-01017 PRESENT: SMITH, J.P., PERADOTTO, CURRAN, AND SCUDDER, JJ.

PAULA GIBBS, PLAINTIFF-APPELLANT, V ORDER STATE FARM FIRE AND CASUALTY CO., DEFENDANT-RESPONDENT. (APPEAL NO. 2.)

ZDARSKY, SAWICKI & AGOSTINELLI LLP, BUFFALO (GERALD T. WALSH OF COUNSEL), FOR PLAINTIFF-APPELLANT.

MURA & STORM, PLLC, BUFFALO (ERIC T. BORON OF COUNSEL), FOR DEFENDANT-RESPONDENT.

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.

Entered: March 18, 2016 Frances E. Cafarell Clerk of the Court