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STATE FARM INS v. BROOKS

101 Misc.2d 704 (1979)

State Farm Mutual Automobile Insurance Companies, Plaintiff, v. James Brooks, Defendant.

Supreme Court, Monroe County.

October 31, 1979.

Attorney(s) appearing for the Case

Bayer, Dupee & Smith (Gary H. Abelson of counsel), for plaintiff. Snyder & Snyder (Sherwood M. Snyder of counsel), for defendant.

ANDREW V. SIRACUSE, J.

This action arises out of an alleged overpayment of no-fault benefits to defendant James Brooks by plaintiff State Farm Mutual Automobile Insurance Companies (hereinafter State Farm). The plaintiff moves for summary judgment pursuant to CPLR 3212. The defendant cross-moves for dismissal pursuant to CPLR 3211 (subd [a], pars 1, 7) for failure to state a cause of action. Although the defendant...

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