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D'ANGELO v. PHILADELPHIA INDEM. INS. CO.

358 CA 21-01096.

207 A.D.3d 1138 (2022)

172 N.Y.S.3d 315

2022 NY Slip Op 04457

Brianna D'Angelo, Appellant, v. Philadelphia Indemnity Insurance Company, Respondent.

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

Decided July 8, 2022.

Attorney(s) appearing for the Case

THE BARNES FIRM, P.C., ROCHESTER (MARTHA PIGOTT OF COUNSEL), FOR PLAINTIFF-APPELLANT.

HURWITZ & FINE, P.C., BUFFALO (DAN D. KOHANE OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Whalen, P.J., Smith, Peradotto, NeMoyer and Winslow, JJ.

It is hereby ordered that the order so appealed from is unanimously modified on the law by reinstating the complaint and granting judgment in favor of defendant as follows:

It is adjudged and declared that plaintiff is not entitled to supplemental uninsured/underinsured motorist coverage from defendant, and as modified the order is affirmed without costs.

Memorandum: This action arises from an accident that occurred...

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