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FIREMEN'S INS. v. ALLSTATE

171 A.D.2d 186 (1991)

Firemen's Insurance Company of Newark, New Jersey, as Subrogee of Whiteman Chevrolet, Inc., Appellant, v. Allstate Insurance Company, Respondent

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

October 24, 1991

Attorney(s) appearing for the Case

Moran & Pronti (Jay A. Smith of counsel), for appellant.

Pemberton & Briggs (Paul Briggs of counsel), for respondent.

MAHONEY, P. J., WEISS and MERCURE, JJ., concur.

LEVINE, J.

Appeal from an order of the Supreme Court (Dier, J.), entered December 18, 1990 in Warren County, which, inter alia, granted summary judgment to defendant and made a declaration in its favor.

The facts of this case are not in dispute. Whiteman Chevrolet, Inc., an automobile dealership, had a policy of liability insurance issued by plaintiff. On March 19, 1983 Benjamin Bonacker, a prospective...

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