| Gibbs v State Farm Fire & Cas. Co. |
| 2016 NY Slip Op 01973 [137 AD3d 1618] |
| March 18, 2016 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Paula Gibbs, Appellant, v State Farm Fire and Casualty Co., 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. Present—Smith, J.P., Peradotto, Curran and Scudder, JJ.