NOEL v. NATIONWIDE INSURANCE COMPANY OF AMERICA

2017-13117, Index No. 513650/16.

170 A.D.3d 1186 (2019)

94 N.Y.S.3d 865

2019 NY Slip Op 02348

Kellon Noel, Respondent, v. Nationwide Insurance Company of America, Appellant.

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

Decided March 27, 2019.


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

On October 3, 2014, the plaintiff allegedly was injured when he was struck by a motor vehicle owned by George W. Nellen. The defendant was Nellen's motor vehicle insurance carrier at the time of the accident. The plaintiff submitted an application for no-fault benefits for medical expenses to the...

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