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AUTOBAHN v. PROGRESSIVE

2761/07

32 Misc.3d 798 (2011)

928 N.Y.S.2d 199

2011 NY Slip Op 21220

NORTH STATE AUTOBAHN, INC., Individually and Doing Business as NORTH STATE CUSTOM, Plaintiff, v. PROGRESSIVE INSURANCE GROUP et al., Defendants.

Supreme Court, Westchester County.

Decided June 24, 2011.

Attorney(s) appearing for the Case

Nelson Levine De Luca & Horst, New York City, for defendants.

Anderson Kill & Olick, P.C., New York City, and Medina, Torrey, Mamo & Garcia, P.C., Sleepy Hollow, for plaintiff.

OPINION OF THE COURT

GERALD E. LOEHR, J.

Progressive is among the largest automobile insurers in the United States with a large presence in this state. Plaintiff is an automobile repair shop in Westchester County.1 Plaintiff specializes in high-end vehicle repair, particularly foreign vehicles, and tends to be more expensive than other shops. In or about 2000, Progressive created...

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