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MATTER OF LIBERTY MUTUAL INSURANCE COMPANY v. ARGUETA

59 A.D.3d 446 (2009)

872 N.Y.S.2d 521

In the Matter of LIBERTY MUTUAL INSURANCE COMPANY, Respondent, v. JOSE ARGUETA et al., Appellants.

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

Decided February 3, 2009.

Ordered that the order is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.

On February 13, 2006 the appellants Jose Argueta, the driver, and Sarina Chavez, the passenger, were involved in an automobile accident with another vehicle owned and operated by nonparty Jose P. Hernandez (hereinafter the tortfeasor's vehicle). Nonparty Samuel Garcia was a passenger in the tortfeasor's vehicle. The appellants' vehicle was owned by...

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