RICE v. ALLSTATE INS. CO.


38 A.D.2d 491 (1972)

Linda Rice, Respondent, v. Allstate Insurance Company et al., Respondents, and Motor Vehicle Accident Indemnification Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 13, 1972.


Attorney(s) appearing for the Case

Edward Cherney of counsel (Sidney Gaines with him on the brief; Friedlander, Gaines, Ruttenberg & Goetz, attorneys), for appellant.

Robert J. Giovannetti of counsel (Newman & Schlau, attorneys), for Linda Rice, respondent.

Charles F. Brady of counsel (Benjamin Purvin, attorney), for Allstate Insurance Company, respondent.

John C. Young of counsel (Smith & Griffin, attorneys), for Federal Insurance Company, respondent.

McGIVERN, J. P., and McNALLY, J., concur with STEUER, J.; MARKEWICH, J., dissents in an opinion in which KUPFERMAN, J., concurs.


STEUER, J.

On April 11, 1968, the claimant was one of a group of people who were proceeding to the same destination in two automobiles. The two cars were proceeding one behind the other on Second Avenue in Manhattan. Claimant was driving the first car, a Volkswagen owned by one Aileen Hunt. The second car was owned and being driven by Marilyn Halm. At 18th Street the claimant stopped for a red light and Miss...

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