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ANDERSON v. BAKER

194 Misc.2d 228 (2002)

750 N.Y.S.2d 466

SHAMEEKA ANDERSON et al., Plaintiffs, v. JACQUES A. BAKER, Defendant.

Supreme Court, Kings County.

October 28, 2002.

Attorney(s) appearing for the Case

Mallow, Konstam & Hager, P.C., New York City (Gerold M. Mallow of counsel), for plaintiffs.

McDonnell, Adels & Goodstein, P.C., Lake Success (Joel D. Epstein of counsel), for defendant.

OPINION OF THE COURT

HERBERT KRAMER, J.

Is the growing problem of identity theft a new assault on the public policy deterring auto insurance disclaimers based upon fraudulent inducement?

Plaintiff moves for a framed issue hearing seeking to strike a series of affirmative defenses in a negligence action alleging an intentional accident, identity theft, and denial of ownership and permission, and further asserting that this vehicle was used in a series...

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