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PAXTON NAT'L INS. CO. v. MERCHS. MUT. INS. CO.

74 A.D.2d 715 (1980)

Paxton National Insurance Company, Respondent, v. Merchants Mutual Insurance Company, Appellant

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

February 20, 1980

Order unanimously reversed, with costs, and petition dismissed.

Memorandum:

After a collision between automobiles insured by two companies respondent Paxton National Insurance Co. paid $118,180.48 in first-party benefits in accordance with the New York Comprehensive Automobile Insurance Reparations Act (Insurance Law, art 18). Four years later, after a jury verdict in Federal court found appellant's (Merchants Mutual...

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