Ordered that the order and judgment is modified, by adding thereto a provision declaring that Kimberly Truncali is not covered under the underinsured motorist provision of the subject insurance policy; as so modified, the order and judgment is affirmed, with costs to the defendant.
The plaintiff Kimberly Truncali was a passenger in an uninsured vehicle which collided with an insured vehicle. The insured vehicle tendered its policy limit of $10,000 to her. Thereafter...
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