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MTR. OF NATIONWIDE v. CARLINI

12 Misc.3d 718 (2006)

814 N.Y.S.2d 856

In the Matter of NATIONWIDE MUTUAL INSURANCE COMPANY, Petitioner, v. THOMAS CARLINI et al., Respondents.

Supreme Court, Nassau County.

April 25, 2006.

Attorney(s) appearing for the Case

Weinberg, Gross & Pergament LLP, Garden City (Marc J. Weingard of counsel), for respondents.

Milber, Makris, Plousadis & Seiden, LLP, Woodbury (Debra Miller Krebs of counsel), for petitioner.

OPINION OF THE COURT

DANIEL PALMIERI, J.

This (the fourth in this case) application to vacate pursuant to CPLR 5015 this court's decision and order dated January 13, 2006 is denied.

Although this application cannot be granted for want of an excuse for the default, it has nonetheless pointed out the difficulties that face the courts in deciding how bankruptcy affects the status of the allegedly offending vehicle in uninsured/underinsured motorist...

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