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MATTER OF ALLSTATE INS. CO. v. SHAW

52 N.Y.2d 818 (1980)

In the Matter of Allstate Insurance Company, Respondent, v. Holly D. Shaw et al., Respondents, and Hertz Corporation, Appellant.

Court of Appeals of the State of New York.

Decided December 22, 1980.

Attorney(s) appearing for the Case

Ignatius J. Melito, Stanley Roth and Steven Di Joseph for appellant.

Charles Palella and Elinore B. Klein for Allstate Insurance Company, respondent.

Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur; Judge GABRIELLI dissents and votes to reverse in an opinion in which Chief Judge COOKE concurs.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs. In so deciding, essentially for reasons stated in the opinion of Mr. Justice McCOOE at Trial Term (106 Misc.2d 32), we add the following:

The Legislature has specifically declared its grave concern that motorists who use the public highways be financially responsible to ensure that innocent victims...

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