SCHLESINGER v. NATIONWIDE MUTUAL INSURANCE COMPANY


294 A.D.2d 421 (2002)

742 N.Y.S.2d 352

OTTO SCHLESINGER et al., Respondents, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Appellant.

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

Decided May 13, 2002.


Ordered that the order is affirmed, with costs.

On March 15, 1998, the plaintiff Otto Schlesinger was involved in an automobile accident in Brooklyn with a van owned by a New Jersey resident, Carolyn Joyner. The police accident report included insurance code "003" for the Joyner van and an insurance policy number. On January 8, 1999, Schlesinger commenced a personal injury action against Joyner and the driver of the van. The process server was unable to locate either...

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