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VACCA v. STATE FARM INSURANCE COMPANY

15 A.D.3d 473 (2005)

790 N.Y.S.2d 177

RAYMOND VACCA, Appellant, v. STATE FARM INSURANCE COMPANY, Respondent.

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

February 14, 2005.

Ordered that the order is reversed, on the law, with costs, the cross motion is denied, the complaint is reinstated, and the motion is granted to the extent that the plaintiff may recover damages in the principal sum of $100,000, the applicable limit of the defendant's insurance policy and is otherwise denied; and it is further,

Ordered that the matter is remitted to the Supreme Court, Kings County, for the entry of judgment in favor of the plaintiff and against the...

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