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MOTORS INS v. CORAL SERV

100 Misc.2d 468 (1979)

Motors Insurance Corporation, as Subrogee of Allstate Vehicle, Plaintiff, v. Coral Service Corp. et al., Defendants.

Civil Court of the City of New York, Special Term, New York County.

August 3, 1979

Attorney(s) appearing for the Case

Williamson & Williamson (Ronald J. Berk of counsel), for plaintiff. Dinkes Mandel & Dinkes (Richard M. Biren of counsel), for defendants.

RICHARD S. LANE, J.

Plaintiff sues in negligence to recover damage to its subrogor's automobile involved in an accident with defendant's automobile. Defendant counterclaims in negligence for damage to its automobile. Plaintiff moves to strike the counterclaim.

If the accident had occurred prior to September 1, 1975, the motion would have been granted as a matter of course (Potamac Ins. Co. v Schmedes...

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