GARCIA v. GOVERNMENT EMPLS. INS. CO.

2015-05471. Index No. 4844/13.

151 A.D.3d 1020 (2017)

58 N.Y.S.3d 428

2017 NY Slip Op 05202

ANTONIO GARCIA, Respondent, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellant.

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

Decided June 28, 2017.


Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

On May 19, 2006, the plaintiff, Antonio Garcia, was injured when he was struck by a vehicle in a parking lot in Brooklyn. Garcia commenced an action against Jeanne Rakowski, who owned the vehicle, and Linda Danielson, who, with Rakowski's permission, was driving it when it struck Garcia. In 2012, Garcia obtained a judgment...

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