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Lebaron v. Erie Insurance Co.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


February 6, 2009

DENNIS LEBARON, DOING BUSINESS AS AAA DRAIN CLEANING, PLAINTIFF-APPELLANT-RESPONDENT,
v.
ERIE INSURANCE COMPANY AND MICHAEL E. PIONTKOWSKI, 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.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: HURLBUTT, J.P., SMITH, FAHEY, PERADOTTO, AND PINE, JJ.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

20090206

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