LeBaron v Erie Ins. Co.
2009 NY Slip Op 00744 [59 AD3d 939]
February 6, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 1, 2009


Dennis LeBaron, Doing Business as AAA Drain Cleaning, Appellant-Respondent, v Erie Insurance Company et al., Respondents-Appellants.

—[*1] Law Office of Jacob P. Welch, Corning (Jacob P. Welch of counsel), for plaintiff-appellant-respondent.

Rupp, Baase, Pfalzgraf, Cunningham & Coppola LLC, Buffalo (Marco Cercone of counsel), for defendants-respondents-appellants.

Appeal and cross appeal from an order of the Supreme Court, Steuben County (Peter C. Bradstreet, A.J.), entered December 13, 2007. The order, inter alia, granted those parts of the motion of defendants seeking dismissal of the negligence and slander causes of action and the punitive damages claim.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Hurlbutt, J.P., Smith, Fahey, Peradotto and Pine, JJ.