RODRIGUEZ v. MERCURY CAS. CO.

2019-09817. Index No. 522183/16.

207 A.D.3d 674 (2022)

170 N.Y.S.3d 501

2022 NY Slip Op 04656

Mindalia Rodriguez, Appellant, v. Mercury Casualty Company, Respondent.

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

Decided July 20, 2022.


Attorney(s) appearing for the Case

The Rybak Firm, PLLC, Brooklyn, NY ( Damin J. Toell of counsel), for appellant.

Bruno Gerbino Soriano & Aitken, LLP, Melville, NY ( Shaun M. Malone of counsel), for respondent.

Iannacci, J.P., Miller, Zayas and Dowling, JJ., concur.


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

The plaintiff allegedly was injured in a hit-and-run motor vehicle accident on March 1, 2015. At the time of the accident, the plaintiff's vehicle was insured by the defendant, Mercury Casualty Company (hereinafter Mercury). The plaintiff commenced this action to recover damages...

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