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WATERS v. GEICO INS. AGENCY, INC.

2018-04005. Index No. 610976/17.

189 A.D.3d 931 (2020)

133 N.Y.S.3d 494

2020 NY Slip Op 07245

William E. Waters et al., Appellants, v. Geico Insurance Agency, Inc., et al., Respondents.

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

Decided December 2, 2020.

Attorney(s) appearing for the Case

Ahern & Ahern, Kings Park, NY ( Dennis P. Ahern of counsel), for appellants.

Rivkin Radler LLP, Uniondale, NY ( Cheryl F. Korman of counsel), for respondent Geico Insurance Agency, Inc.

Kelly, Rode & Kelly, LLP, Mineola, NY ( Eric P. Tosca of counsel), for respondents Russo Apoznanski & Tambasco, known now as Sette and Apoznanski Attorneys at Law.

Maltese, J.P., Dillon, Leventhal and Connolly, JJ., concur.

Ordered that the order is affirmed, with one bill of costs.

In April 2010, the plaintiff William Waters (hereinafter Waters) was involved in a three-car accident on the Sagtikos State Parkway, when Waters's vehicle came into contact with a vehicle driven by Derek Fruendt, who sustained personal injuries as a result thereof. Thereafter, Fruendt, and his wife suing derivatively (hereinafter together the Freundts), commenced a personal injury action against Louis J....

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