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ROWELL v. UTICA MUT. INS. CO.

77 N.Y.2d 636 (1991)

Leslie Rowell, Respondent, v. Utica Mutual Insurance Company, Respondent, and Motor Vehicle Accident Indemnification Corporation, Appellant.

Court of Appeals of the State of New York.

Decided May 2, 1991.

Attorney(s) appearing for the Case

Richard M. Schaus for appellant.

John J. Flynn for Utica Mutual Insurance Company, respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in Per Curiam opinion.

Per Curiam.

Zolene Garner owned a 1975 Chrysler which was insured through defendant Utica Mutual Insurance Company. In March 1985 she gave her brother, plaintiff Leslie Rowell, permission to drive the vehicle. While plaintiff was stopped at a delicatessen, a man attempted to steal the vehicle. Plaintiff ran from the store, opened the driver's side door and tried to prevent the thief from driving away. In doing so, plaintiff...

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