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ZACCARI v. PROGRESSIVE NORTHWESTERN INSURANCE CO.

35 A.D.3d 597 (2006)

827 N.Y.S.2d 204

PETER ZACCARI, Respondent, v. PROGRESSIVE NORTHWESTERN INSURANCE CO., Appellant.

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

Decided December 12, 2006.

Ordered that the judgment is reversed, on the law, the defendant's motion is granted, the plaintiff's cross motion is denied, the complaint is dismissed, and the order dated December 28, 2005 is modified accordingly; and it is further,

Ordered that the appeal from the order dated May 1, 2006 is dismissed as academic in light of our determination on the appeal from the judgment entered January 20, 2006; and it is further...

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