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MATTER OF STATE FARM MUT. AUTO. INS. CO. v. O'BRIEN

2013-10618

120 A.D.3d 1252 (2014)

992 N.Y.S.2d 126

2014 NY Slip Op 06096

In the Matter of STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. WARREN F. O'BRIEN, JR., Respondent.

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

Decided September 10, 2014.

Ordered that the order is affirmed, with costs.

On December 23, 2011, Warren F. O'Brien, Jr., was employed as a mechanic at Massapequa Auto Repair, Inc. On that date, Robert Auletta, his customer, asked O'Brien to return Auletta's loaner Mercedes-Benz vehicle to Mercedes-Benz of Massapequa on his behalf. O'Brien, who was named an additional driver on the loaner vehicle agreement, acceded to Auletta's request. O'Brien sustained injuries when the Mercedes-Benz he was...

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