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CARDINELL v. ALLSTATE INSURANCE COMPANY

302 A.D.2d 772 (2003)

754 N.Y.S.2d 777

JACK A. CARDINELL, Respondent-Appellant, v. ALLSTATE INSURANCE COMPANY, Appellant-Respondent.

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

Decided February 20, 2003.

Carpinello, J.

A detailed factual rendition of the instant controversy is set forth in a prior decision of this Court (258 A.D.2d 853) and thus will not be repeated at length. Briefly, in February 1992, plaintiff, who had been injured in an April 1989 automobile accident and who had been receiving no fault benefits from the company insuring the vehicle in which he was a passenger, made a claim for lost wage benefits under an additional...

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