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RIZZO v. MERCHANTS INS. CO.

188 Misc.2d 180 (2001)

727 N.Y.S.2d 250

KIM RIZZO et al., Respondents, v. MERCHANTS AND BUSINESSMEN'S MUTUAL INSURANCE COMPANY, Appellant.

Supreme Court, Appellate Term, Second Department.

February 16, 2001.

Attorney(s) appearing for the Case

Mars, Sloane & Conlon, Hauppauge (Jennifer B. Appel of counsel), for appellant.

Mokotoff & Mondshine, Garden City (Michael J. Paglino of counsel), for respondents.

FLOYD, P. J., DOYLE and WINICK, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgment unanimously affirmed without costs.

On or about July 3, 1998, plaintiff Kim Rizzo was involved in an automobile accident, resulting in property damage to her 1997 Honda Civic EX. Rizzo reported the accident to defendant, her insurance carrier, and brought her car for repairs at Greg and Bill's Auto Collision (hereinafter Greg & Bill's) which she appointed as her designated representative to negotiate...

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