S'DAO v. NAT'L GRANGE MUT. INS. CO.


87 N.Y.2d 853 (1995)

661 N.E.2d 1378

638 N.Y.S.2d 597

Carla C. S'Dao, Appellant, v. National Grange Mutual Insurance Company, Respondent.

Court of Appeals of the State of New York.

Decided December 5, 1995.


Attorney(s) appearing for the Case

Kushner, Kushner & Roscetti, P. C., Niagara Falls (Damon A. DeCastro of counsel), for appellant.

Koren, Bertell & Hoey, Buffalo (Richard J. Lutzel of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur in a memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the order of Supreme Court reinstated.

Insurance Law § 3420 (f) (2) provides that supplemental uninsured motorist insurance — known colloquially as underinsurance — is available "if the limits of liability under all bodily injury liability bonds and insurance policies of another motor vehicle liable for damages...

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