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MORATH v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY

49 A.D.3d 1245 (2008)

853 N.Y.S.2d 757

MICHAEL J. MORATH et al., Respondents, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Appellant.

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

Decided March 14, 2008.

It is hereby ordered that the judgment so appealed from is unanimously affirmed with costs.

Memorandum:

Plaintiffs commenced the underlying personal injury action against Susan Milliman seeking damages for injuries sustained by Elizabeth G. Morath (plaintiff) when the vehicle driven by Milliman struck the vehicle driven by plaintiff. At the time of the accident, plaintiff was insured under an automobile liability...

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