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PRUDENTIAL PROP. CO. v. SZELI

83 N.Y.2d 681 (1994)

635 N.E.2d 282

613 N.Y.S.2d 113

In the Matter of Prudential Property and Casualty Company, Respondent, v. Brian Szeli, Appellant.

Court of Appeals of the State of New York.

Decided June 9, 1994.

Attorney(s) appearing for the Case

Finkelstein, Levine, Gittelsohn and Tetenbaum, Newburgh (George A. Kohl, 2nd, of counsel), for appellant.

Shayne, Dachs, Stanisci, Corker & Sauer, Mineola (Jonathan A. Dachs of counsel), and William J. Cariello, Garden City, for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

SIMONS, J.

Under Insurance Law § 3420 (f) (2), an insured's supplementary underinsured motorist coverage is triggered when the limit of the insured's bodily injury liability coverage is greater than the same coverage in the tortfeasor's policy. On this appeal, we are asked to determine whether the tortfeasor in a multiple-victim automobile accident should be deemed underinsured where he has a "single limit...

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