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SCHIEL v. DICKMAN

63 Misc.2d 764 (1970)

Kenneth Schiel, Plaintiff, v. Melanis Dickman et al., Defendants.

District Court of Nassau County, First District.

August 13, 1970

Attorney(s) appearing for the Case

Raymond J. MacDonnell for plaintiff. Andrew L. Cisternino for defendants.

EDWARD J. POULOS, J.

This is a motion by the defendant for leave to serve and file an amended answer which would contain a counterclaim. The argument in opposition is that where an action is commenced by an insurance company under its subrogation rights pursuant to a policy of collision insurance, a counterclaim will not lie and Potomac Ins. Co. v. Schmedes (63 N.Y.S.2d 548) is cited in support...

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