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McCARTHY v. COMMERCIAL INS CO

194 Misc.2d 295 (2002)

752 N.Y.S.2d 209

JOSEPH F. McCARTHY, JR., Plaintiff, v. COMMERCIAL UNION INSURANCE COMPANY, Now Known as CGU INSURANCE GROUP, Defendant.

Supreme Court, Richmond County.

December 3, 2002.

Attorney(s) appearing for the Case

Michael J. Ross for defendant.

Behrins & Behrins, P.C., for plaintiff.

OPINION OF THE COURT

ALAN L. LEBOWITZ, J.

Defendant's motion for summary judgment dismissing the complaint is denied.

This action arises out of an automobile accident which occurred shortly before 11:00 P.M. on the night of February 8, 1995, when plaintiff's vehicle came into contact with a wooden utility pole located on the north side of Richmond Terrace in the Borough of Staten Island. After initially paying 100% of plaintiff's claims for no-fault...

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