STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. HERTZ CORPORATION


28 A.D.3d 643 (2006)

813 N.Y.S.2d 513

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, as Assignee of EDWARD BRADLEY, Plaintiff, v. HERTZ CORPORATION et al., Defendants and Third-Party Plaintiffs-Respondents. ARYEH WEINREB, Third-Party Defendant-Appellant.

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

April 18, 2006.


Ordered that the order is reversed insofar as appealed from, on the law, with costs payable to the third-party defendant-appellant, the motion is granted, and the third-party complaint is dismissed.

On July 9, 2000 the plaintiff's insured, Edward Bradley, sustained personal injuries in an automobile accident with Aryeh Weinreb, the third-party defendant. The plaintiff paid Bradley approximately $35,000 pursuant to a provision of its policy allowing additional personal...

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