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SCINTA v. KAZMIERCZAK

59 A.D.2d 313 (1977)

Frank A. Scinta, Respondent-Appellant, v. James Kazmierczak, Defendant, and Fireman's Insurance Company of Newark, New Jersey, Appellant-Respondent

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

November 14, 1977

Attorney(s) appearing for the Case

Schaus & Schaus (Maynard C. Schaus of counsel), for appellant-respondent.

Morris Lipsitz (James Malin of counsel), for respondent-appellant.

MARSH, P. J., DILLON, HANCOCK and WITMER, JJ., concur.

DENMAN, J.

Plaintiff, Frank A. Scinta, commenced an action against James Kazmierczak for injuries arising out of an incident which occurred when a vehicle owned and operated by Kazmierczak struck a parked vehicle, which in turn struck plaintiff, a pedestrian. Appellant, Fireman's Insurance Company of Newark, New Jersey, plaintiff's insurer, was never formally made a party to this action. Nevertheless, since the...

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