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BOYSON v. KWASOWSKY

399 CA 14-01228

129 A.D.3d 151 (2015)

8 N.Y.S.3d 765

2015 NY Slip Op 03964

KAREN BOYSON, Appellant, v. IRENE KWASOWSKY et al., Defendants, and KEMPER INDEPENDENCE INSURANCE COMPANY et al., Respondents.

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

Decided May 7, 2015.

Attorney(s) appearing for the Case

David G. Goldbas , Utica, for appellant.

Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse ( Kristin L. Norfleet of counsel), for respondent Kemper Independence Insurance Company.

Costello Cooney & Fearon, PLLC, Camillus ( Terance V. Walsh of counsel), for respondent Farm and Family Casualty Insurance Co.

SCUDDER, P.J., CENTRA, PERADOTTO and CARNI, JJ., concur.

OPINION OF THE COURT

At issue on this appeal is whether plaintiff, who was seriously injured in an accident involving a motorcycle and a pickup truck, is entitled to first-party benefits under no-fault automobile insurance policies issued by defendants Kemper Independence Insurance Company (Kemper) and Farm and Family Casualty...

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