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NATIONWIDE INS. v. SCHWARTZ

172 Misc.2d 503 (1997)

660 N.Y.S.2d 623

Nationwide Mutual Insurance Company, as Subrogee of Bert Bruskin et al., Respondent, v. Jeffrey S. Schwartz et al., Appellants, et al., Defendants.

Supreme Court, Appellate Term, Second Department.

March 19, 1997

Attorney(s) appearing for the Case

Diamond, Paino, Cardo, King & Peters, Brooklyn (Deborah F. Peters of counsel), for appellants. Lawrence A. Salvato, New York City, for respondents.

DiPAOLA, P. J., STARK and INGRASSIA, JJ., concur.

MEMORANDUM.

Order unanimously reversed, without costs, and complaint dismissed as to appellants.

Plaintiff instituted this action to recover additional personal injury protection benefits (hereinafter APIP) paid to its insureds from November 21, 1991 until July 29, 1992, for a total sum of $5,447.35. The subrogation agreement executed by plaintiff's insured Rita Bruskin on November 25, 1991 indicates that the automobile...

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