AETNA LIFE & CAS. CO. v. NELSON


112 A.D.2d 15 (1985)

Aetna Life and Casualty Company, Respondent, v. Kenneth R. Nelson, Individually and as Guardian ad Litem of Gloria A. Nelson and as Natural Guardian of Sheryl Nelson, Appellant

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

June 4, 1985


Judgment unanimously affirmed, without costs.

Memorandum:

Plaintiff sued defendants to recoup the first-party no-fault benefits it had previously paid defendants, their insureds. Plaintiff moved and defendants cross-moved for summary judgment. Both sides agreed that there were no triable issues of fact. The only question presented was whether the action was timely commenced on November 7, 1983. Both plaintiff and defendants agreed at Special Term that the...

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