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PROGRESSIVE ADVANCED INS. CO. v. TALMADGE

2020-00506, Index No. 9611/18.

206 A.D.3d 831 (2022)

168 N.Y.S.3d 343

2022 NY Slip Op 03913

Progressive Advanced Insurance Company, Appellant, v. Ryan Talmadge, Respondent, et al., Defendants.

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

Decided June 15, 2022.

Attorney(s) appearing for the Case

Jennifer S. Adams, Yonkers, NY (Michael A. Zarkower of counsel), for appellant.

Sobo & Sobo, LLP, Middletown, NY (Michael G. Radigan and John Del Duco of counsel), for respondent.

Burke, Scolamiero & Hurd, LLP, Albany, NY (Steven V. DeBraccio of counsel), for defendant Roy F. Holden.

Bryan R. Kaplan, Rock Hill, NY, for defendant Katielyn Shimer.

Brathwaite Nelson, J.P., Iannacci, Wooten and Zayas, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant Ryan Talmadge allegedly was injured when he was struck by a motor vehicle owned by the defendant Roy F. Holden and operated by the defendant Katielyn Shimer. At the time of the incident, the subject vehicle was insured by the plaintiff, Progressive Advanced Insurance Company. The policy contained a supplementary uninsured/underinsured motorist (hereinafter SUM) endorsement, which...

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