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ALLSTATE INS. CO. v. STATE

152 Misc.2d 869 (1991)

Allstate Insurance Company, Claimant, v. State of New York, Defendant. (Claim No. 80909.)

Court of Claims.

October 30, 1991

Attorney(s) appearing for the Case

O'Connor, McGuinness, Conte, Doyle, Oleson & Collins for claimant. Robert Abrams, Attorney-General (Kenneth L. Scheer of counsel), for defendant.

DONALD J. CORBETT, JR., J.

The defendant seeks to dismiss the instant claim pursuant to CPLR 3211 (a) (1), (2), (3), (5), (7) and (8), and summary judgment pursuant to CPLR 3212. The claim herein, filed on July 2, 1990, arises out of a settlement of $160,000 paid on May 8, 1990, by claimant on behalf of its insureds in an action brought in Supreme Court by one Rifenburgh. The underlying action relates to a...

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