PHOENIX INS. CO. v. GUTHIEL


2 N.Y.2d 584 (1957)

Phoenix Insurance Company, Respondent, v. William Guthiel et al., Appellants, et al., Defendant.

Court of Appeals of the State of New York.

Decided April 11, 1957.


Attorney(s) appearing for the Case

Melvin H. Zurett for Harold Shoemaker, appellant.

Paul Reed Taylor for Arthur Buckle, appellant.

Stephen V. Lines and Donald F. Hathaway for respondent.

CONWAY, Ch. J., and DYE, J., concur with BURKE, J.; FULD and VAN VOORHIS, JJ., concur in result; DESMOND and FROESSEL, JJ., dissent in separate opinions.


BURKE, J.

Defendants, with the exception of Greenlea, appeal from a judgment declaring that plaintiff, an insurer, is not legally obligated under its policy to defend and indemnify defendants Buckle, the insured, and Shoemaker, who purchased a vehicle from Buckle, against the claims of the other defendants for personal injuries and property damage, allegedly sustained as a result of a collision between the aforesaid...

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