STATE FARM MUT. v. FITZGERALD

2012-00577

112 A.D.3d 166 (2013)

973 N.Y.S.2d 801

2013 NY Slip Op 7186

In the Matter of STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent, v. PATRICK FITZGERALD, Appellant.

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

Decided November 6, 2013.


Attorney(s) appearing for the Case

Frank J. Laine, P.C., Plainview ( Frank Braunstein of counsel), for appellant.

Richard T. Lau & Associates and Rivkin Radler LLP, Uniondale ( Cheryl F. Korman , Evan H. Krinick and Harris J. Zakarin of counsel), for respondent.

RIVERA, J.P., ROMAN and MILLER, JJ., concur.


OPINION OF THE COURT

HALL, J.

On this appeal, we are asked to consider whether a police vehicle qualifies as a "motor vehicle," as that term is used in a certain supplementary uninsured/underinsured motorist endorsement. For the reasons that follow, we conclude that it does.

The appellant, Patrick Fitzgerald, a police officer, was riding as a passenger in a New York City Police Department vehicle, which was driven by fellow officer Michael Knauss...

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