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AMERICAN TRANSIT INSURANCE COMPANY v. BROWN

845, 111752/07.

66 A.D.3d 447 (2009)

886 N.Y.S.2d 399

2009 NY Slip Op 7207

AMERICAN TRANSIT INSURANCE COMPANY, Respondent-Appellant, v. ARTHUR BROWN, Appellant-Respondent, et al., Defendant.

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

Decided October 8, 2009.

On November 12, 2002, Brown was involved in a motor vehicle accident with Batista, American Transit Insurance Company's (ATIC) insured. ATIC acknowledged receipt of Brown's third-party claim by letter dated January 28, 2003. Brown settled his claim for property damage with ATIC and commenced a personal injury action against Batista on November 9, 2005. Brown forwarded copies of the summons and complaint to ATIC on or about January 26, 2006. These copies were mailed to ATIC...

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