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MATTER OF ALLSTATE INSURANCE COMPANY v. DEVITT JR.

288 A.D.2d 469 (2001)

733 N.Y.S.2d 248

In the Matter of ALLSTATE INSURANCE COMPANY, Respondent-Appellant, v. EDWARD DEVITT, JR., Appellant-Respondent.

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

Decided November 26, 2001.

Ordered that the cross appeal is dismissed, as the petitioner is not aggrieved by the order appealed from (see, CPLR 5511); and it is further,

Ordered that the order is affirmed; and it is further,

Ordered that the petitioner is awarded one bill of costs.

The appellant, Edward DeVitt, Jr., was a passenger in a car driven by Julio Pace which struck a portion of the Newburgh— Beacon Bridge Toll Plaza in Newburgh, New York. The bodily injury...

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