Daniels v. Provident Life & Casualty Insurance

Appeal from an order of Supreme Court, Erie County (Gorski, J.), entered April 3, 2001, which, inter alia, granted plaintiff’s motion for a directed verdict and awarded attorneys fees to plaintiff.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying plaintiffs motion for a directed verdict and reinstating the *808verdict and by vacating the award of attorney’s fees to plaintiff and as modified the order is affirmed without costs.

Memorandum: Plaintiff is a licensed optometrist with a progressive motor neuron condition that…