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BECKER v. MERCHS. MUT. INS.

133 Misc.2d 134 (1986)

Margaret H. Becker, Plaintiff, v. Merchants Mutual Insurance Company, Defendant.

Supreme Court, Erie County.

September 5, 1986

Attorney(s) appearing for the Case

Smith, Murphy & Schoepperle (Victor Alan Oliveri of counsel), for defendant. John J. Fromen for plaintiff.

THOMAS P. FLAHERTY, J.

In this contract action seeking payment of first-party no-fault benefits the defendant insurer moves for a trial preference in the interests of justice (CPLR 3403 [a] [3]) and an order directing that interest on any potential award accrue as of the commencement of this action and be limited to a period of 90 days thereafter.

Asserting the plaintiff was intoxicated at the time...

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