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MATTER OF ALLSTATE INS. CO. v. ROSADO

23638/13E, 624N.

137 A.D.3d 662 (2016)

26 N.Y.S.3d 865

2016 NY Slip Op 02178

In the Matter of ALLSTATE INSURANCE COMPANY, Respondent, v. JUAN ROSADO, Appellant.

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

Decided March 24, 2016.

In the verified complaint in the underlying action, in which respondent Rosado sued certain insured owners and drivers of vehicles involved in an automobile accident in which he sustained injuries, it was alleged that Rosado's injuries "were caused wholly and solely by the negligence of the defendants." This allegation constituted a formal judicial admission (see People v Brown, 98 N.Y.2d 226, 232 n 2 [2002]; GJF Constr., Inc...

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