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MOGAVERO v. PEPE

194 A.D.2d 772 (1993)

599 N.Y.S.2d 1013

Michael Mogavero et al., Appellants, v. James Pepe et al., Respondents, et al., Defendants

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

June 28, 1993

Ordered that the order is affirmed insofar as appealed from, with costs.

Inasmuch as defendant Pepe reported the theft of his motor vehicle prior to the accident and the operator of the vehicle at the time of the accident subsequently pleaded guilty to criminal possession of stolen property in the fifth degree based on his possession of the stolen vehicle, there was no factual issue to be resolved with respect to whether the operator of the vehicle was using it with...

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