CERRATO, SWEENEY & COHN v. MIDLAND INS. CO.


44 N.Y.2d 938 (1978)

Cerrato, Sweeney & Cohn et al., Respondents-Appellants, v. Midland Insurance Company et al., Respondents, and St. Paul Insurance Company, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided June 15, 1978.


Attorney(s) appearing for the Case

Julius W. Cohn for respondents-appellants.

Solomon M. Cheser for appellant-respondent.

Richard C. Malone, John J. O'Donnell and Paul J. Clifford for Allstate Insurance Company, respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


MEMORANDUM.

The order of the Appellate Division should be modified by denying respondent Midland's motion; the order should otherwise be affirmed and the certified question answered in the negative.

Crucial to the determination of this case is whether the $220,000 settlement was intended to include the claim for Blanche Mitchell's medical expenses. Though Allstate's New Jersey personal injury protection (no-fault...

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