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STATE FARM AUTO v. FITZGERALD

No. 119

25 N.Y.3d 799 (2015)

38 N.E.3d 325

16 N.Y.S.3d 796

2015 NY Slip Op 05626

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

Court of Appeals of New York.

Decided July 1, 2015.

Reargued June 2, 2015.

Attorney(s) appearing for the Case

Rivkin Radler LLP, Uniondale ( Henry Mascia , Evan H. Krinick and Cheryl F. Korman of counsel), for appellant.

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

OPINION OF THE COURT

More than a quarter-century ago, in Matter of State Farm Mut. Auto. Ins. Co. v. Amato (72 N.Y.2d 288 [1988]), we squarely "h[e]ld" that "Insurance Law § 3420 (f) — providing that all `motor vehicle...

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