KUMAR v. AMERICAN TRANSIT INSURANCE COMPANY


49 A.D.3d 1353 (2008)

854 N.Y.S.2d 274

REENA KUMAR et al., as Assignees of JEFFREY A. TISACK, Respondents, v. AMERICAN TRANSIT INSURANCE COMPANY, Defendant and Third-Party Plaintiff-Appellant. ROBERT E. GALLAGHER, JR., et al., Third-Party Defendants-Respondents. JEFFREY A. TISACK, Nonparty Respondent.

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

Decided March 21, 2008.


It is hereby ordered that the order so appealed from is reversed on the law without costs, the motion is denied and the third-party complaint is reinstated.

Memorandum:

Plaintiffs commenced this action to recover damages incurred as the result of alleged acts of bad faith by defendant and third-party plaintiff, American Transit Insurance Company (American), as the insurer of plaintiffs' assignor. American then commenced a third-party action alleging that the...

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