ALLSTATE INSURANCE COMPANY v. MARCONE


29 A.D.3d 715 (2006)

815 N.Y.S.2d 235

ALLSTATE INSURANCE COMPANY, Respondent, v. MICHAEL A. MARCONE et al., Appellants, et al., Defendants.

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

May 16, 2006.


Ordered that the judgment is reversed, on the law, with one bill of costs payable to the appellants appearing separately and filing separate briefs, the motion is denied, and the order dated August 4, 2003 is modified accordingly.

On December 3, 1995 Giuseppe Iossa (hereinafter the decedent) and the defendant Michael A. Marcone (hereinafter Marcone) were deer hunting together when Marcone accidentally shot and killed the decedent. Marcone lived with his mother, the...

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