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COHEN v. TRANSCONTINENTAL INSURANCE COMPANY

262 A.D.2d 189 (1999)

693 N.Y.S.2d 529

DONALD R. COHEN, Appellant, v. TRANSCONTINENTAL INSURANCE COMPANY, Doing Business as CNA INSURANCE COMPANIES, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 22, 1999.

Plaintiff brought a personal injury action against defendant's insured, Richard Simmons. Plaintiff was found 40% negligent and defendant's insured 60% negligent. On March 12, 1996, a judgment was entered in the amount of $117,600, plus interest and disbursements, for a total of $123,934.40. Plaintiff filed a notice of appeal, hoping to increase the damage award. Subsequently, on May 24, 1996, defendant mailed plaintiff a check...

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