MATTER OF TOKIO MARINE & FIRE INS. CO., LTD. v. SOSIS


126 A.D.2d 475 (1987)

In the Matter of Tokio Marine & Fire Insurance Co., Ltd., Respondent, v. Allen Sosis et al., Respondents, and Theresa Arcarola et al., Appellants

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

January 22, 1987


Although Special Term properly denied the motion to vacate the stipulation in question, it should be noted that the court was not warranted in finding that respondent United Services Automobile Association has waived on behalf of its insured, defendant Theresa Arcarola, and that the insured has waived on her own behalf, any claim or defense that her vehicle was not involved in the accident which is the subject of this proceeding. Nothing contained in the stipulation can be...

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