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PROGRESSIVE INSURANCE COMPANY v. LENNON

61 A.D.3d 951 (2009)

878 N.Y.S.2d 395

PROGRESSIVE INSURANCE COMPANY, Appellant, v. JOHN LENNON et al., Respondents, et al., Defendant.

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

Decided April 28, 2009.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

The decedent Alan H. Kenwood was killed, and his daughter Kristen Kenwood (hereinafter Kristen) was injured, when the decedent's motorcycle was struck by a vehicle operated by the defendant John Lennon, who swerved his vehicle in an attempt to avoid a vehicle operated by...

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