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APPLICATION OF ALLSTATE INS. CO. v. URBAN

No. 97 CV 6349.

23 F.Supp.2d 324 (1998)

In the Matter of the Application OF ALLSTATE INSURANCE COMPANY, Plaintiff, v. Maria URBAN, Defendant.

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

October 26, 1998.

Attorney(s) appearing for the Case

Bruno, Gerbino & Macchia, LLP, Melville, NY, by Robert P. Macchia, of counsel, for Plaintiff.

Baxter & Smith, Jericho, NY, by Arthur J. Smith, of counsel, for Defendant.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

The plaintiff Allstate Insurance Company ("Allstate" or the "plaintiff") moves this Court to set-off the sum of $25,000 from a $90,000 jury award to Maria Urban ("Urban" or the "defendant") on the ground that Urban had already received $25,000 from an underinsured motorist who was involved in the accident that caused the injuries to Urban.

I. BACKGROUND

The present motion stems...

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