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UTICA MUT. INS. CO. v. FORD MOTOR CO.

2014-05349, Index No. 2634/11.

139 A.D.3d 718 (2016)

32 N.Y.S.3d 208

2016 NY Slip Op 03500

UTICA MUTUAL INSURANCE COMPANY, as Subrogee of Halina Darrow, et al., Appellants, v. FORD MOTOR COMPANY et al., Defendants, and HASSETT LINCOLN-MERCURY SALES, INC., Respondent.

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

Decided May 4, 2016.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Hassett Lincoln-Mercury Sales, Inc., for summary judgment dismissing the complaint insofar as asserted against it is denied.

In 1996, the plaintiff Halina Darrow purchased a new Lincoln Town Car (hereinafter the vehicle) from the defendant Hassett Lincoln-Mercury Sales, Inc. (hereinafter Hassett). In 2007, Darrow received a recall...

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