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Transamerica Insurance v. Tisyl Taxi Corp.

99 A.D.2d 690 Court First Department, Decision date 1984-02-02 English

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p. 690
First Department,
February, 1984
(February 2, 1984)
Transamerica Insurance Company, Appellant, v Tisyl Taxi Corp. et al., Respondents.

Order, Supreme Court, New York County (Alvin Klein, J.), entered July 8,1983, denying plaintiff’s motion for summary judgment and for a stay of the pending trial of the underlying personal injury action, affirmed, with costs. We do not construe the previous opinion of this court in Homey v Tisyl Taxi Corp. ( 93 AD2d 291 ) as excluding the possibility that the evidence the retrial a of on the basis of a negligently inflicted injury within the coverage of the insurance policy. Concur—Murphy, P. J., Sandler, Sullivan, Carro and Asch, JJ.

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