TUTTLE v. STATE FARM MUT. AUTOMOBILE INS. CO.

286 CA 16-01579.

149 A.D.3d 1477 (2017)

2017 NY Slip Op 03286

53 N.Y.S.3d 426

MICHELLE SWIATOWY TUTTLE, Individually and as Assignee of Geoffrey Tuttle, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent.

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

Decided April 28, 2017.


It is hereby ordered that the order so appealed from is unanimously modified on the law by denying defendant's motion and reinstating the complaint, and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action seeking, inter alia, a declaration that defendant is obligated to provide coverage under the policy issued to her former boyfriend, who fell asleep while operating a vehicle in which plaintiff was a passenger. The vehicle...

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