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LIMA v. ANCONA

2019-06149. Index No. 40606/08.

192 A.D.3d 1093 (2021)

141 N.Y.S.3d 368

2021 NY Slip Op 01970

Madison Lima, Respondent, v. Gena Ancona et al., Defendants. Progressive Insurance Company, Nonparty-Appellant.

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

Decided March 31, 2021.

Attorney(s) appearing for the Case

Carman Callahan & Ingham, LLP, Farmingdale, NY ( Tracy S. Reifer of counsel), for nonparty-appellant.

Slater, Sgarlato & Cappello, P.C., Staten Island, NY ( Thomas J. Cappello of counsel), for respondent.

Dillon, J.P., LaSalle, Barros and Connolly, JJ., concur.

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

On September 3, 2007, a vehicle owned and operated by the defendant Robert Bile collided with a vehicle owned and operated by the defendant Gena Ancona. Valentina Nicoletti was a passenger in Bile's vehicle, and allegedly sustained injuries as a result of the accident. Thereafter, Nicoletti filed a claim with Progressive Insurance Company (hereinafter Progressive), Ancona's insurance carrier...

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