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STATE FARM v. TRAVELERS

108 Misc.2d 570 (1981)

State Farm Mutual Automobile Insurance Company, Plaintiff, v. Travelers Insurance Companies et al., Defendants.

Supreme Court, Monroe County.

April 14, 1981

Attorney(s) appearing for the Case

John C. Alletto and Roger G. Preston, Jr., for Travelers Insurance Companies, defendant. Harris, Beach, Wilcox, Rubin & Levey (Douglas A. Foss of counsel), for Paul J. Yesawich, III, defendant. Bayer & Smith (Michael A. Reddy of counsel), for plaintiff.

ROBERT E. WHITE, J.

Defendants, the Travelers Insurance Companies (Travelers) and attorney Paul J. Yesawich, III (Yesawich), bring this motion to dismiss State Farm Automobile Insurance Company's (State Farm) complaint for failure to state a cause of action. Travelers moves for summary judgment, and State Farm has cross-moved for summary judgment.

This is an action by State Farm against Travelers and Yesawich to recover $1,911.18 State Farm paid...

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