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O'GARRO v. STATE FARM FIRE & CAS. INS. CO.

2011-09687.

96 A.D.3d 1027 (2012)

946 N.Y.S.2d 896

2012 NY Slip Op 5153

JEROME O'GARRO, Respondent, v. STATE FARM FIRE & CASUALTY INSURANCE COMPANY, Appellant.

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

June 27, 2012.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the defendant's motion for summary judgment dismissing the complaint is granted, and that branch of the plaintiff's cross motion which was for summary judgment on the issue of liability is denied.

On September 6, 2003, a vehicle operated by the plaintiff was involved in an accident with a vehicle owned by the defendant's insured. By filing...

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