MATTER OF USAA GEN. INDEM. CO. v. McQUEEN

2019-12093. Index No. 719650/18.

207 A.D.3d 641 (2022)

172 N.Y.S.3d 93

2022 NY Slip Op 04634

In the Matter of USAA General Indemnity Company, Respondent, v. Melvin McQueen, Respondent, and GEICO et al., Appellants.

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

Decided July 20, 2022.


Attorney(s) appearing for the Case

Gail S. Lauzon ( Sharon T. Feller and James G. Bilello , Hicksville, NY [ Susan J. Mitola ], of counsel), for appellants.

McDonnell Adels & Klestzick, PLLC, Garden City, NY ( Michael J. Giordano of counsel), for petitioner-respondent.

Barros, J.P., Connolly, Christopher and Genovesi, JJ., concur.


Ordered that the judgment is affirmed, with costs.

On April 6, 2018, nonparty Essence McQueen (hereinafter Essence) was driving her vehicle with her father, the respondent Melvin McQueen (hereinafter Melvin), in the back seat when her vehicle was struck in the rear by a hit-and-run driver. Essence followed the offending vehicle, called 911, and provided the police with the license plate number and a description of the vehicle.

Thereafter, Melvin filed a demand...

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