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ALLSTATE INS. CO. v. BABYLON CHRYSLER, PLYMOUTH INC.

45 A.D.2d 969 (1974)

Allstate Insurance Company, as Subrogee of Randolph Taylor, Appellant, v. Babylon Chrysler, Plymouth Inc., Respondent

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

September 30, 1974

Order of the Appellate Term reversed; appeals to that court from the order of February 14, 1972 and from so much of the order of May 8, 1972 as granted reargument dismissed; and order of May 8, 1972 otherwise reversed (thus striking therefrom the second and third decretal paragraphs, which adhered to the original determination); and plaintiff's motion to dismiss the counterclaims is granted to the extent that the counterclaims shall be deemed to constitute setoffs only.<...

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