MATTER OF PHOENIX INSURANCE COMPANY v. GOLANEK


50 A.D.3d 1148 (2008)

857 N.Y.S.2d 215

In the Matter of PHOENIX INSURANCE COMPANY, Respondent, v. WALTER GOLANEK, Respondent, STATE FARM MUTUAL INSURANCE COMPANY et al., Respondents, and GEICO et al., Appellants.

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

Decided April 29, 2008.


Ordered that the order and judgment is reversed, on the law, with one bill of costs payable by the respondents appearing separately and filing separate briefs, the petition is denied, and the proceeding is dismissed.

This matter arises out of an accident that occurred when the offending vehicle, identified by an eyewitness as a white pickup truck, moved from the right lane of the roadway into the center lane, striking a vehicle, and forcing that vehicle into the left...

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