RUGE v. UTICA FIRST INSURANCE COMPANY


32 A.D.3d 424 (2006)

819 N.Y.S.2d 564

DOUGLAS R. RUGE, as Administrator of the Estate of MARY K. RUGE, Deceased, Appellant, v. UTICA FIRST INSURANCE COMPANY et al., Respondents.

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

August 8, 2006.


Ordered that the order and judgment is affirmed, with costs.

On May 14, 2001, the plaintiff's decedent, Mary K. Ruge, while driving a school bus, was involved in an automobile accident with a van. The van was owned by Nestor Galarza, who used it in his heating and cooling business, the defendant Heavens Heating and Cooling Corp. (hereinafter HHACC). At the time of the accident, the van, which was driven by Galarza's brother, was carrying piping material in a roof...

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