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NARUS v. PIXLEY

88 Misc.2d 885 (1976)

Alexander Narus, as Administrator of The Estate of Raymond P. Solomchuk, Deceased, Plaintiff, v. Donald J. Pixley, as Administrator of The Estate of Thomas V. Pixley, Deceased, et al., Defendants.

Supreme Court, Erie County.

December 6, 1976

Attorney(s) appearing for the Case

Brock, Brock & Zisser (Alfred M. Zisser of counsel), for plaintiff. Wade & Kehoe for Allstate Insurance Company. Weaver, Maghran & McCarthy for defendants.

JOHN H. DOERR, J.

This is a motion by plaintiff to dismiss a lien and pay over the funds withheld by its mandate.

Plaintiff's decedent was killed instantly in an automobile accident. He was insured at the time with Allstate and his policy included no-fault coverage VA-mandatory personal injury protection, and no-fault coverage VB-additional personal injury protection. An increased premium was charged and paid by decedent for the VB coverage under...

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