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MATTER OF FIREMEN'S FUND INS. CO. OF NEWARK v. HOPKINS

88 N.Y.2d 836 (1996)

666 N.E.2d 1354

644 N.Y.S.2d 481

In the Matter of Firemen's Fund Insurance Company of Newark, Appellant, v. John Hopkins, Jr., Respondent.

Court of Appeals of the State of New York.

Decided April 30, 1996.

Attorney(s) appearing for the Case

Alio & Ronan, Melville (Carol Simonetti of counsel), for appellant.

Wallace & Witty, P. C., Bay Shore (Jason F. Zimmerman of counsel), for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Respondent John Hopkins, Jr., sustained serious injuries in a July 23, 1989 accident involving a friend's car in which he was a passenger. The accident allegedly occurred when an unknown individual took control of the vehicle by force and caused it to collide with other automobiles. On June 4, 1992, almost three years after the accident...

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