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MUELLER v. ALLSTATE INSURANCE COMPANY

21 A.D.3d 1010 (2005)

801 N.Y.S.2d 350

CAROLE MUELLER, Appellant, v. ALLSTATE INSURANCE COMPANY, Respondent, et al., Defendants.

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

September 19, 2005.

Ordered that the judgment is affirmed, with one bill of costs payable by the appellant to Allstate Insurance Company.

The plaintiff was injured in an accident while a passenger on an all terrain vehicle (hereinafter ATV) owned by the defendants Everett Robinson and Shirley Robinson, and operated by their son, the defendant Jamar Robinson, who resided with them. It is undisputed that the accident occurred on a field approximately one-half mile from the premises owned...

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