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ELRAC, INC. v. GE CAPITAL INSURANCE COMPANY

57 A.D.3d 833 (2008)

871 N.Y.S.2d 243

ELRAC, INC., Doing Business as ENTERPRISE RENT-A-CAR, Respondent-Appellant, v. GE CAPITAL INSURANCE COMPANY, Appellant-Respondent, et al., Defendants.

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

December 23, 2008.

Ordered that the order is reversed insofar as appealed from, the plaintiff's motion for summary judgment is denied in its entirety, the cross motion is granted, and the matter is remitted to the Supreme Court, Suffolk County, for the entry of a judgment declaring, inter alia, that there was no coverage under the policy of automobile insurance issued by GE Capital Insurance Company to Crocifissa Mazarese for the subject accident, and that GE Capital Insurance Company is not...

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