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ALLSTATE INS. v. DENBLEYKER

280 A.D.2d 204 (2001)

722 N.Y.S.2d 641

ALLSTATE INSURANCE COMPANY, Appellant, v. DEBRA A. DENBLEYKER, Respondent, et al., Defendants.

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

March 21, 2001.

Attorney(s) appearing for the Case

Smith Sovik Kendrick & Sugnet, Syracuse (Gabrielle Mardany Tucci of counsel), for appellant.

James Lee Alexander, Syracuse, for respondent.

PINE, HURLBUTT, KEHOE and LAWTON, JJ., concur.

OPINION OF THE COURT

PIGOTT, JR., P. J.

At issue on this appeal is whether an insured is entitled to a reduction in the amount of the no-fault insurer's lien for additional personal injury protection (APIP) benefits paid by the no-fault insurer to contribute to the attorneys' fees of the insured in the underlying personal injury action. Plaintiff, Allstate Insurance Company (Allstate), contends that Supreme Court...

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