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MILLER v. SULLIVAN

174 Misc.2d 690 (1997)

666 N.Y.S.2d 892

Dorothy L. Miller, Plaintiff, v. Michael Sullivan et al., Defendants. Hertz Corp., Third-Party Plaintiff, v. Glenn Atias, Third-Party Defendant.

Supreme Court, Monroe County.

October 31, 1997

Attorney(s) appearing for the Case

Handelman & Witkowicz, Rochester (Steven B. Levitsky of counsel), for plaintiff. Paul E. Richardson, Rochester (Louise A. Boillat of counsel), for Michael Sullivan, defendant. Chamberlain, D'Amanda, Oppenheimer & Greenfield, Rochester (Louis D'Amanda of counsel), for Hertz Corp., defendant and third-party plaintiff.

ROBERT J. LUNN, J.

This is an action to recover a subrogated property damage claim of the plaintiff, Dorothy Miller. The parties have submitted the matter on stipulated facts to be determined by the court as a matter of law. All of the material allegations of the complaint have been admitted and can be summarized as follows: On August 27, 1994, in the Town of Brighton, New York, the defendant, Michael Sullivan...

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