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PROGRESSIVE INS. v. YODICE

180 Misc.2d 863 (1999)

694 N.Y.S.2d 281

Progressive Casualty Insurance Company, Plaintiff, v. Dominick Yodice, Doing Business as Mickey's Rides N More, et al., Defendants.

Supreme Court, Richmond County.

April 6, 1999

Attorney(s) appearing for the Case

Schindel, Farman & Lipsius, L. L. P., New York City (Laurence J. Rabinovich and Andrew Karonis of counsel), for plaintiff. Jerry Bergstein, Brooklyn, for Dominick Yodice, defendant. Thurm & Heller, L. L. P., New York City (Jordan M. Sklar of counsel), for Scottsdale Insurance Company, defendant. Edward W. Armstrong, New York City, for Danielle Bottaro and others, defendants. Perry Fish, Brooklyn, for Theresa Cipolla and others, defendants. Bertram Herman, East Norwich, for Henry Lauterbach and another, defendants.

ALAN L. LEBOWITZ, J.

Motions calendared 3212, 3697 and 3004 are consolidated for disposition herein.

The genesis of this litigation is an accident which occurred on March 30, 1997. On that date a vehicle, with a ride known as the Whip secured to its rear, was driven to 337 Chesterton Avenue, Staten Island, by the defendant, Henry Lauterbach, accompanied by his friend Laurana Cipolla, with the apparent...

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