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AMERICAN TRANSIT INSURANCE COMPANY v. WILFRED

296 A.D.2d 360 (2002)

745 N.Y.S.2d 171

AMERICAN TRANSIT INSURANCE COMPANY, Appellant-Respondent, v. LOUIS WILFRED et al., Respondents. LOUIS WILFRED et al., Third-Party Plaintiffs-Respondents, v. EMPIRE MUTUAL INSURANCE COMPANY, Third-Party Defendant-Respondent-Appellant.

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

Decided July 25, 2002.

The automobile accident out of which this action, as well as the underlying personal injury actions, arises occurred on February 28, 1998 at 9:50 P.M. when a taxi owned by defendant McMaroro Transit, Inc., and driven by defendant Louis Wilfred, rear-ended a second vehicle on the Van Wyck Expressway. The driver and passenger in the second vehicle commenced a personal injury action against McMaroro Transit and Wilfred, and the passengers in the taxi commenced a second personal...

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