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MORETTE v. KEMPER INS. CO.

0485-10.

35 Misc.3d 200 (2012)

941 N.Y.S.2d 440

2012 NY Slip Op 22007

LARAINE SUSAN MORETTE, Individually and as Administratrix of the Estate of ANTHONY T. MORETTE, Deceased, et al., Plaintiffs, v. KEMPER, UNITRIN AUTO AND HOME INSURANCE COMPANY, INC., et al., Defendants.

Supreme Court, Essex County.

Decided January 10, 2012.

Attorney(s) appearing for the Case

Costello, Cooney & Fearon, PLLC, Camillus ( Maureen G. Fatcheric and Kristin L. Walker of counsel), for Merchants Mutual Insurance Co., defendant.

Friedman, Hirschen & Miller LLP, Albany ( Carolyn B. George of counsel), for Kemper, Unitrin Auto and Home Insurance Company, Inc., defendant.

Breedlove & Noll, LLP, Clifton Park ( Carrie McLoughlin Noll of counsel), for plaintiffs.

OPINION OF THE COURT

RICHARD B. MEYER, J.

Motion and cross motion by defendant Merchants Mutual Insurance Co. (Merchants), and cross motion by defendant Kemper, Unitrin Auto and Home Insurance Company, Inc. (Kemper), for summary judgment dismissing the complaint.

A.

On December 2, 2009, at approximately 5:00 A.M., the decedent Anthony T. Morette (Morette) was allegedly struck by an unidentified motor vehicle in a hit-and-run accident while...

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