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STANG v. ERIE INS. CO.

803 CA 20-01666.

200 A.D.3d 1596 (2021)

155 N.Y.S.3d 883

2021 NY Slip Op 07361

Richard N. Stang et al., Respondents, v. Erie Insurance Company et al., Appellants.

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

Decided December 23, 2021.

Attorney(s) appearing for the Case

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO ( THOMAS P. CUNNINGHAM OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

GIBSON McASKILL & CROSBY, LLP, BUFFALO ( MICHAEL J. WILLETT OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

Present—Centra, J.P., Lindley, Troutman, Bannister and DeJoseph, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff Richard N. Stang was operating a motor vehicle in which his wife, plaintiff Madonna Stang, was a passenger when that vehicle was involved in a collision with another vehicle. Plaintiffs subsequently commenced a personal injury action against the driver of the other vehicle (nonparty driver), and the parties...

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