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ALLSTATE INS. v. BABYLON CHRYSLER

68 Misc.2d 1092 (1972)

Allstate Insurance Company, as Subrogee of Randolph Taylor, Plaintiff, v. Babylon Chrysler, Plymouth, Inc., Defendant.

District Court, Suffolk County.

February 14, 1972

Attorney(s) appearing for the Case

Andrew L. Cisternino for plaintiff. Halpern, Sommers & Goldstick for defendant.

ALEXANDER W. KRAMER, J.

Plaintiff has moved to strike the defendant's counterclaims upon the ground that they may not be asserted against an insurance carrier when it appears as subrogee. There is no opposition to the motion.

The moving papers are not particularly clear on all the issues, but it appears that this is an action in bailment to recover for damages sustained to the insured's motor vehicle...

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