GULF INSURANCE COMPANY v. KANEN


13 A.D.3d 579 (2004)

788 N.Y.S.2d 132

GULF INSURANCE COMPANY, as Subrogee of BARCO AUTO LEASING CORP., Respondent, v. DAVID KANEN et al., Appellants.

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

December 27, 2004.


Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion which was for summary judgment on the first cause of action in the amended complaint and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from, with one bill of costs payable to the appellants.

The defendants maintained an automobile insurance policy with Travelers Indemnity...

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