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WALKER v. ERIE INS. CO.

601 CA 21-00865.

210 A.D.3d 1375 (2022)

178 N.Y.S.3d 650

2022 NY Slip Op 06332

Juanita Walker, Respondent-Appellant, v. Erie Insurance Company et al., Appellants-Respondents.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided November 10, 2022.

Attorney(s) appearing for the Case

HURWITZ & FINE, P.C., BUFFALO ( DAN D. KOHANE OF COUNSEL), FOR DEFENDANTS-APPELLANTS-RESPONDENTS.

WEBSTER SZANYI LLP, BUFFALO ( KEVIN A. SZANYI OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.

Present—Whalen, P.J., Smith, Centra, Peradotto and NeMoyer, JJ.

Appeal and cross appeal from an order of the Supreme Court, Erie County (Paul Wojtaszek, J.), entered June 14, 2021. The order, upon reargument, denied plaintiff's motion for summary judgment and denied defendant Erie Insurance Company's cross motion for summary judgment.

It is hereby ordered that said appeal insofar as taken by defendant Erie Insurance Company of New York is unanimously dismissed and the order is modified...

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