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UCCIO v. DOUGAN

286 A.D.2d 437 (2001)

729 N.Y.S.2d 391

ANNA UCCIO, Respondent, v. OWEN A. DOUGAN, Appellant.

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

Decided August 20, 2001.

Ordered that the order is affirmed, with costs.

Contrary to the defendant's contention, the fact that the plaintiff settled an uninsured motorist claim against her insurer regarding the accident at issue does not preclude her from bringing the instant action to recover for the defendant's alleged negligence for the same accident (cf., Velazquez v Water Taxi, 49 N.Y.2d 762; see also, Leto v Petruzzi,

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