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GREENSPAN v. ALLSTATE INS. CO.

96 Civ. 1726 (LLS).

937 F.Supp. 288 (1996)

Arthur GREENSPAN, M.D., and Scott Denny, D.C., Plaintiffs, v. ALLSTATE INSURANCE COMPANY, Defendant.

United States District Court, S.D. New York.

September 9, 1996.

Attorney(s) appearing for the Case

Milberg Weiss Bershad Hynes & Lerach, New York City (Lee Shalov, Edith M. Kallas, of counsel), Meltzer Lippe Goldstein Wolf Schlissel & Sazer, Mineola, NY (Stephen M. Breitstone, of counsel), for Plaintiffs.

Brooks McNally Whittington Platto & Vitt, Norwich, VT (Charles Platto, of counsel), Rosenman & Colin, New York City (Alan I. Raylesberg, of counsel), Allstate Insurance Company, Northbrook, IL (Phil Schuster, James Falvey, of counsel), for Defendant.

Opinion and Order

STANTON, District Judge.

Defendant Allstate Insurance Company ("Allstate") moves pursuant to Federal Rules of Civil Procedure 12(b)(6) and 9(b) for dismissal of the complaint.

BACKGROUND

The complaint alleges the following:

Under New York's no-fault insurance law (the New York Comprehensive Motor Vehicle Insurance Reparations Act, see N.Y.Ins.L. §§ 5101 et seq.), victims of motor...

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