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PROGRESSIVE INSURANCE COMPANY v. SHERI TORAH, INC.

44 A.D.3d 837 (2007)

847 N.Y.S.2d 90

PROGRESSIVE INSURANCE COMPANY, as Subrogee of ARYE WEINER, Respondent, v. SHERI TORAH, INC., et al., Appellants.

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

Decided October 16, 2007.

Ordered that the order is reversed, on the law, with costs, and the motion to dismiss the complaint is granted.

In 2004 the plaintiff Progressive Insurance Company (hereinafter Progressive) was the underwriter of a motor vehicle insurance policy on behalf of its insured Arye Weiner. On December 31, 2004 Arye Weiner's son, the infant Moshe Weiner (hereinafter Moshe), was severely injured after alighting from a school bus owned by the defendant Sheri Torah, Inc., and...

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