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GEISSLER v. LIBERTY MUTUAL INSURANCE COMPANY

23 A.D.3d 432 (2005)

808 N.Y.S.2d 118

JONATHAN GEISSLER et al., Appellants, v. LIBERTY MUTUAL INSURANCE COMPANY, Respondent, et al., Defendants.

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

November 14, 2005.

Ordered that the order is modified, on the law, by adding to the first subparagraph of the decretal paragraph thereof granting the defendant's motion the words "without prejudice to reinstituting or commencing a new action against Liberty Mutual Insurance Company in accordance with Lang v Hanover Ins. Co. (3 N.Y.3d 350 [2004]), in the event that the plaintiffs obtain a judgment against Howard Geissler in the underlying personal injury...

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