ALLSTATE INS. CO. v. FURMAN


58 N.Y.2d 613 (1982)

Allstate Insurance Company, Respondent, v. Dennis R. Furman et al., Appellants. (Action No. 1.) Daniel J. Furman, an Infant, by Vincent J. Gentile, his Guardian ad Litem, Appellant, v. Allstate Insurance Company, Respondent. (Action No. 2.)

Court of Appeals of the State of New York.

Decided November 16, 1982.


Attorney(s) appearing for the Case

Benjamin J. Fried for appellants.

Jon Charles Dupee and Gregory G. Hoover, Sr., for respondent.

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


Order affirmed, with costs, for reasons stated in the opinion by Justice MOSES M. WEINSTEIN at the Appellate Division (84 A.D.2d 29).

MEYER, J. (dissenting).

What the majority by affirming on the Appellate Division decision ignores, as did the Appellate Division, is that the injured claimant is Daniel Furman; it is Daniel, by his guardian, who sues; it is Daniel who...

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