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ABATE v. ALL-CITY INS. CO.

214 A.D.2d 627 (1995)

625 N.Y.S.2d 587

Carmine Abate et al., Appellants, v. All-City Insurance Company et al., Defendants, and Allstate Insurance Company, Respondent

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

April 17, 1995

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The plaintiffs Carmine Abate and Joseph Abate, as well as an individual named Robert Cafaro, are the codefendants in an underlying personal injury action which stems from an accident involving their respective motor vehicles. In that underlying action, the Abates cross-claimed against Cafaro for contribution. However, Cafaro filed for bankruptcy...

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