EWALD v. ERIE INS. CO. OF N.Y.

966 CA 22-00197.

214 A.D.3d 1382 (2023)

185 N.Y.S.3d 465

2023 NY Slip Op 01439

Daniel Ewald et al., Appellants, v. Erie Insurance Company of New York, Respondent.

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

Decided March 17, 2023.


Attorney(s) appearing for the Case

LYNN LAW FIRM LLP, SYRACUSE ( KELSEY W. SHANNON OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO ( MARCO CERCONE OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Peradotto, J.P., Lindley, Bannister and Montour, JJ.


Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered January 11, 2022. The order denied the motion of plaintiffs for partial summary judgment and granted the cross motion of defendant for summary judgment.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the cross motion is denied, the complaint is reinstated, the motion is granted, and judgment is granted in favor of plaintiffs...

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