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ELLIS v. ALLSTATE INS. CO.

151 A.D.2d 543 (1989)

Andrew Ellis, Appellant-Respondent, v. Allstate Insurance Company, Respondent-Appellant

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

June 12, 1989

Ordered that the cross appeal is dismissed as abandoned; and it is further,

Ordered that the order is affirmed insofar as appealed from by the plaintiff; and it is further,

Ordered that the defendant is awarded one bill of costs.

The plaintiff was seriously injured when he was struck by a motor vehicle driven by one Brian McClane. A judgment was entered against that tort-feasor and the plaintiff commenced

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