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ALLSTATE INSURANCE COMPANY v. CITY OF NEW YORK

15 Misc.3d 450 (2007)

833 N.Y.S.2d 859

ALLSTATE INSURANCE COMPANY, as Subrogee of ORVILLE AUSTIN, Plaintiff, v. CITY OF NEW YORK, Defendant.

Civil Court of the City of New York, New York County.

February 8, 2007.

Attorney(s) appearing for the Case

Carl S. Young & Associates, New York City (David M. Berkley of counsel), for plaintiff.

Michael A. Cardozo, Corporation Counsel, New York City (Tanisha Joy Byron of counsel), for defendant.

OPINION OF THE COURT

ANIL C. SINGH, J.

Plaintiff moves for summary judgment in this negligence action contending that defendant's motor vehicle rear-ended a car owned and operated by plaintiff's subrogor. Defendant opposes the motion.

This is a subrogation action to recover property damages in the sum of $11,933.59 as a result of a motor vehicle accident that occurred on August 25, 2004. As a result of the occurrence, plaintiff's insured made a claim...

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