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CAROTHERS, P.C. v. INS. COS.

002217/06

26 Misc.3d 448 (2009)

888 N.Y.S.2d 372

2009 NY Slip Op 29413

In the Matter of ANDREW CAROTHERS, M.D., P.C., Plaintiff, v. INSURANCE COMPANIES Represented by BRUNO, GERBINO & SORIANO, LLP, et al., Defendants. (And Other Cases Joined for Trial.)

Civil Court of the City of New York, Richmond County.

Decided October 14, 2009.

Attorney(s) appearing for the Case

Smith Valliere & Martinez PLLC, New York City (Mark W. Smith of counsel), for plaintiff.

John E. McCormack, P.C., Garden City, and Freiberg & Peck, LLP, New York City (Craig J. Freiberg of counsel), and Bruno, Gerbino & Soriano, LLP, Melville (Vincent F. Gerbino of counsel), and Rivkin Radler, LLP, Uniondale (Barry I. Levy of counsel), for defendants.

OPINION OF THE COURT

PETER P. SWEENEY, J.

Following a jury verdict for defendants on their defense that plaintiff, Andrew Carothers, M.D., P.C., was fraudulently incorporated within the meaning of State Farm Mut. Auto. Ins. Co. v Mallela (4 N.Y.3d 313 [2005]), plaintiff moves pursuant to CPLR 4404 (a), and in the interests of justice, to set aside the verdict, to enter a verdict in its favor and/or for a new trial...

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