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GENERAL ELECTRIC CAPITAL CORPORATION v. VOLCHYOK

2 A.D.3d 777 (2003)

770 N.Y.S.2d 419

GENERAL ELECTRIC CAPITAL CORPORATION, Respondent, v. GENNADY VOLCHYOK, Defendant, and PROGRESSIVE DIRECT, INC., Also Known as PROGRESSIVE, Appellant.

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

December 29, 2003.

Ordered that the order is affirmed insofar as appealed from, with costs.

On or about August 31, 2000, an automobile leased by the defendant Gennady Volchyok from the plaintiff, General Electric Capital Corporation, was stolen and never recovered. In accordance with the terms of the lease, Volchyok had obtained a policy of insurance from the defendant Progressive Direct, Inc., also known as Progressive (hereinafter Progressive), naming the plaintiff vehicle owner as...

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