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ALLIANZ INS. CO. v. LERNER

No. CV 02-1880.

305 F.Supp.2d 191 (2004)

ALLIANZ INSURANCE COMPANY, as subrogee of Mercedes Benz Credit Corporation, Plaintiff, v. Regina LERNER, Isabella Lerner and Dimitry Lerner, Defendants. Regina Lerner, Isabella Lerner and Dimitry Lerner, Third Party Plaintiffs, v. Frank Merlino, Esq., Robert P. Tusa, Esq., and Allstate Insurance Company, Third Party Defendants.

United States District Court, E.D. New York.

February 17, 2004.

Attorney(s) appearing for the Case

Ginsberg, Becker & Weaver, LLP, By David M. Ginsberg, New York City, for Plaintiff.

Alan Jay Martin, New York City, for Defendants/Third Party Plaintiffs.

Lewis, Johs, Avallone & Kaufman, LLP, By Christine Malafi, Melville, NY, for Third Party Defendant.

MEMORANDUM AND ORDER

WEXLER, District Judge.

In this action Plaintiff Allianz Insurance Company ("Allianz") appears as subrogee to Mercedes Benz Credit Corporation ("MBCC"). The claim of Allianz arose out of an accident involving a Mercedes-Benz leased by MBCC to Defendants Regina and Isabella Lerner. Specifically, Allianz sought contractual indemnification from Defendants in the amount of $340,000. The damages sought represent the amount spent by...

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