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COUNTRY-WIDE v. RODRIGUEZ

80 A.D.2d 130 (1981)

Country-Wide Insurance Company, Appellant, v. Nieves Rodriguez, an Infant, by Rosa Rodriguez, Her Mother and Natural Guardian, et al., Respondents

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

April 9, 1981

Attorney(s) appearing for the Case

Bernard Samuels of counsel (Eric M. Alderman with him on the brief; Pokorny, Schrenzel & Pokorny, attorneys), for appellant.

Seymour Berkowitz of counsel (Marilyn Singer with him on the brief; Weiss, Molod, Berkowitz & Godosky, P. C., attorneys), for Nieves Rodriguez, respondent.

SULLIVAN, J. P., and BLOOM, J., concur with LUPIANO, J.; MARKEWICH, J. and SILVERMAN, J., dissent in an opinion by SILVERMAN, J.

LUPIANO, J.

On August 15, 1977, defendant Nieves Rodriguez, an infant under the age of 14 years, was a passenger together with his mother, defendant Rosa Rodriguez, in a motor vehicle owned and operated by defendant Louis Padilla. The vehicle was insured by plaintiff Country-Wide Insurance Company under a policy issued to Padilla which contained the minimum liability limits prescribed by subdivision 2...

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