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MATTER OF ENCOMPASS INDEMNITY COMPANY v. RICH

2013-02436

131 A.D.3d 476 (2015)

14 N.Y.S.3d 491

2015 NY Slip Op 06432

In the Matter of ENCOMPASS INDEMNITY COMPANY, Respondent, v. KEVIN RICH, Appellant.

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

Decided August 5, 2015.

Ordered that on the Court's own motion, the notice of appeal from the order is deemed a premature notice of appeal from the judgment (see CPLR 5520 [c]); and it is further,

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, the proceeding is dismissed, and the order is modified accordingly.

On January 11, 2010, Kenneth Goodman was driving his vehicle on Francis Lewis Boulevard in Queens and speeding when he lost control...

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