MATTER OF NATIONWIDE MUT. INS. CO. v. STOKES


215 A.D.2d 391 (1995)

626 N.Y.S.2d 231

In the Matter of Nationwide Mutual Insurance Company, Respondent, v. Mary Stokes, Appellant

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

May 1, 1995


Ordered that the order is modified, on the law, by deleting the provision thereof which reduced the appellant's underinsured motorist benefits by the $10,000 settlement received from the tortfeasor; as so modified, the order is affirmed insofar as appealed from, with costs to the appellant.

On February 14, 1992, the appellant was injured in an automobile accident when she was struck by a vehicle owned by Russell Caldwell and operated by Steven Schwartz. The appellant...

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