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COUNTRY WIDE v. OSATHANUGRAH

94 A.D.2d 513 (1983)

Country Wide Insurance Company, Plaintiff-Respondent, v. Vorazit Osathanugrah, Defendant, and Sunthorn Srihongse, Appellant

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

July 14, 1983

Attorney(s) appearing for the Case

John W. Konduls of counsel (Dolores Gerber with him on the brief; Tarangelo, Totura & Hargous, attorneys), for appellant.

Eric M. Alderman of counsel (Bernard Samuels with him on the brief; Held, Cheven, Sternberg & Held and Alderman, Samuels, Jerry & Rossi, attorneys), for plaintiff-respondent.

CARRO, J. P., ASCH, BLOOM and ALEXANDER, JJ., concur.

FEIN, J.

Plaintiff's insured was injured in a two-car collision when the automobile he was operating was struck by an automobile owned and operated by defendants. Plaintiff paid first-party benefits to its insured under the personal injury protection provisions of its policy, and then commenced this action for the amount of said payment made under the policy.

Special Term denied summary dismissal of this...

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