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STATE FARM MUTUAL AUTOMOBILE INS. CO. v. LANGAN

55 A.D.3d 281 (2008)

865 N.Y.S.2d 102

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent, v JOHN ROBERT LANGAN, as Administrator of the Estate of NEIL CONRAD SPICEHANDLER, Deceased, Appellant.

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

September 16, 2008.

Attorney(s) appearing for the Case

Saiber Schlesinger Satz & Goldstein, LLC, New York City (Jennine DiSomma of counsel), for appellant.

Rivkin Radler, LLP, Uniondale (Evan H. Krinick and Cheryl F. Korman of counsel), for respondent.

RITTER and McCARTHY, JJ., concur with FISHER, J.; MASTRO, J.P., and CARNI, J., concur in part and dissent in part in a separate opinion by MASTRO, J.P.

OPINION OF THE COURT

FISHER, J.

On February 12, 2002, Neil Conrad Spicehandler was struck and fatally injured by a motor vehicle driven by Ronald Popadich, who was later arrested, inter alia, in connection with Spicehandler's death. John Robert Langan, as administrator of Spicehandler's estate, sought to recover uninsured motorist benefits and death benefits pursuant to an automobile liability policy issued to Langan by State Farm Mutual Automobile Insurance...

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