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FLEMING v. ALLSTATE INS.

102 Misc.2d 994 (1980)

Gerard Fleming, Petitioner, v. Allstate Insurance Company, Respondent.

Supreme Court, Special Term, New York County.

January 16, 1980.

Attorney(s) appearing for the Case

Bert W. Subin for petitioner. Connolly & Callahan for respondent.

HERBERT SHAPIRO, J.

On July 23, 1978, the petitioner suffered an amputation of his leg when he was struck by a motor vehicle on North Sea Road in Southampton, New York. The facts as to what took place are essentially conceded. The petitioner at the time had both feet on the shoulder of the road straddling, but not sitting on his motorcycle and was talking to another person. The motor and the lights of the...

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