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ALLSTATE INS. CO. v. STEIN

1 N.Y.3d 416 (2004)

807 N.E.2d 268

775 N.Y.S.2d 219

ALLSTATE INSURANCE COMPANY, as Subrogee of AMY M. WALKER, Appellant, v. DANIEL J. STEIN, Respondent. (And Two Other Actions.)

Court of Appeals of the State of New York.

Decided February 19, 2004.

Attorney(s) appearing for the Case

Chelus, Herdzik, Speyer, Monte & Pajak, P.C., Buffalo (Gregory V. Pajak and Kevin E. Loftus of counsel), for appellant.

Bouvier, O'Connor, LLP, Buffalo (Norman E.S. Greene of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

R.S. SMITH, J.

This appeal concerns the timeliness of an action by an insurance company as subrogee of an accident victim to whom the insurance company has paid additional personal injury protection (APIP) benefits. The question presented is whether the statute of limitations runs from the date of the accident or the date when the first APIP benefits were paid. We hold that the statute runs...

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