COUNTY OF ERIE PLAINTIFF RESPONDENT v. SELECTIVE INSURANCE COMPANY OF AMERICA AND ZURICH AMERICAN INSURANCE COMPANY DEFENDANTS APPELLANTS APPEAL NO (2026)

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

COUNTY OF ERIE, PLAINTIFF-RESPONDENT, v. SELECTIVE INSURANCE COMPANY OF AMERICA AND ZURICH AMERICAN INSURANCE COMPANY, DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)

437 Decided: June 26, 2026

PRESENT: WHALEN, P.J., BANNISTER, GREENWOOD, NOWAK, AND HANNAH, JJ.

KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO (MATTHEW C. RONAN OF COUNSEL), FOR DEFENDANT-APPELLANT SELECTIVE INSURANCE COMPANY OF AMERICA. COUGHLIN MIDLIGE & GARLAND LLP, NEW YORK CITY (NOAH M. WIESNER OF COUNSEL), FOR DEFENDANT-APPELLANT ZURICH AMERICAN INSURANCE COMPANY. BOND, SCHOENECK & KING, PLLC, BUFFALO (STEPHEN A. SHARKEY OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order and judgment so appealed from is unanimously modified on the law by denying plaintiff's motion insofar as it sought summary judgment against defendant Selective Insurance Company of America and vacating the declarations against that defendant, and as modified the order and judgment is affirmed without costs and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the same memorandum as in County of Erie v Selective Ins. Co. of Am. ([appeal No. 1] — AD3d — [June 26, 2026] [4th Dept 2026]).

Entered: June 26, 2026

Ann Dillon Flynn

Clerk of the Court

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