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MEEGAN v. PROGRESSIVE INS.

43 A.D.3d 194 (2007)

836 N.Y.S.2d 451

SHEILA M. MEEGAN et al., Respondents, v. PROGRESSIVE INSURANCE COMPANY, Appellant. (Appeal No. 1.)

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

June 8, 2007.

Attorney(s) appearing for the Case

Sugarman Law Firm, LLP, Syracuse (Timothy J. Perry of counsel), for defendant-appellant.

Knoer, Crawford & Bender, LLP, Buffalo (Paul A. Bender of counsel), for plaintiffs-respondents.

LUNN and PINE, JJ., concur with PERADOTTO, J.; CENTRA, J., dissents and votes to affirm in the same dissenting opinion as in (, 187 [2007]) in which GORSKI, J.P., concurs.

OPINION OF THE COURT

PERADOTTO, J.

Same opinion by PERADOTTO, J., as in Meegan v Progressive Ins. Co. (43 A.D.3d 182 [2007]).

It is hereby ordered that the order insofar as appealed from be and the same hereby is reversed on the law without costs and the motion is denied in...

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