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MATTER OF STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. v. ALLSTON

300 A.D.2d 669 (2002)

751 N.Y.S.2d 795

In the Matter of STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Respondent, v. GERALD ALLSTON et al., Appellants.

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

Decided December 30, 2002.

Ordered that the order is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.

The appellants contended in a prior personal injury action that a vehicle operated by the appellant Gerald Allston was struck in the rear by a vehicle operated by Ian McLaughlin. By order dated December 4, 2001, the Supreme Court, Suffolk County (Underwood, J.), granted McLaughlin's motion for summary judgment...

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