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MATTER OF RUOCCO v. LIBERTY MUT. INS. CO.

128 A.D.2d 537 (1987)

In the Matter of Michael Ruocco, an Infant, by His Mother and Natural Guardian, JoAnn Ruocco, Respondent, v. Liberty Mutual Insurance Co., Appellant

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

March 2, 1987

Ordered that the order is reversed, on the law, with costs, and the award of the master arbitrator is confirmed.

On May 21, 1983, Stephen Casales, the insured of Liberty Mutual Insurance Co. (hereinafter Liberty Mutual), went to the Ruocco home to perform construction work. Casales backed his van into the driveway, parked legally, engaged the emergency brake and turned off the engine. The van's gears were still in reverse...

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