Gibbs v. State Farm Fire & Casualty Co.

Appellate Division of the Supreme Court of New York

Gibbs v. State Farm Fire & Casualty Co.

137 A.D.3d 1617, 26 N.Y.S.3d 914

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 18, 2016

StatusPublished

This text of 137 A.D.3d 1617 (Gibbs v. State Farm Fire & Casualty Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gibbs v. State Farm Fire & Casualty Co., 137 A.D.3d 1617, 26 N.Y.S.3d 914 (N.Y. Ct. App. 2016).

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Opinion

Appeal from an order of the Supreme Court, Erie County (Patrick H. [1618]*1618NeMoyer, J.), entered December 4, 2014. The order, insofar as appealed from, granted in part the motion of defendant to set aside a verdict and 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 said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988 [1988]; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567 [1978]; see also CPLR 5501 [a] [1]).

Present—Smith, J.P., Peradotto, Curran and Scudder, JJ.

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Appeal from an order of the Supreme Court, Erie County (Patrick H. [1618]*1618NeMoyer, J.), entered December 4, 2014. The order, insofar as appealed from, granted in part the motion of defendant to set aside a verdict and 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 said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988 [1988]; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567 [1978]; see also CPLR 5501 [a] [1]).

Present—Smith, J.P., Peradotto, Curran and Scudder, JJ.

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137 A.D.3d 1617, 26 N.Y.S.3d 914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gibbs-v-state-farm-fire-casualty-co-nyappdiv-2016.

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