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PROGRESSIVE INS v. FORD MOTOR

6 Misc.3d 568 (2004)

790 N.Y.S.2d 358

PROGRESSIVE INSURANCE COMPANY, as Subrogee of EUGENE EIFERT, Plaintiff, v. FORD MOTOR CO., Defendant.

District Court of Nassau County, First District.

December 8, 2004.

Attorney(s) appearing for the Case

Aaronnson, Rappaport, Feinstein & Deutsch, LLP, New York City, for defendant.

Carman, Callahan & Ingham, LLP, Farmingdale, for plaintiff.

OPINION OF THE COURT

HOWARD S. MILLER, J.

Without specifying a section of the CPLR, defendant moves (presumably under CPLR 3211 [a] [7]) to dismiss plaintiff's complaint. Plaintiff is the subrogated insurer of Eugene Eifert, whose 10-year-old Mercury Grand Marquis was destroyed by fire. The fire allegedly happened while the vehicle was parked and unattended. Plaintiff insurer allegedly paid a claim for the damage...

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