MATTER OF KEMPER INDEPENDENCE INSURANCE COMPANY v. BRENNAN

2016-06241, Index No. 7656/15.

155 A.D.3d 953 (2017)

64 N.Y.S.3d 125

2017 NY Slip Op 08268

In the Matter of KEMPER INDEPENDENCE INSURANCE COMPANY, Respondent, v. WILLIAM BRENNAN et al., Respondents, and AMERICAN COMMERCE INSURANCE COMPANY et al., Appellants.

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

Decided November 22, 2017.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

On April 26, 2012, a vehicle owned and operated by William Brennan was struck by a vehicle operated by Steven P. Lax and owned by Hertz Vehicles (hereinafter Hertz). In 2013, Brennan commenced an action in the Supreme Court, Kings County, against Lax and Hertz to recover damages for personal injuries allegedly sustained by him as a result...

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