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DUPREY v. SEC. MUT. CAS. CO.

22 A.D.2d 544 (1965)

Ruby Duprey, as Limited Administratrix of The Estate of Rose M. Duprey, Deceased, Respondent, v. Security Mutual Casualty Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 12, 1965.

Attorney(s) appearing for the Case

Olin S. Nye for appellant.

O'Connell & Wolfe (John T. De Graff and Frank J. Lasch of counsel), for respondent.

Bond, Schoeneck & King for American Mutual Insurance Alliance and another, amici curiæ.

Watters & Donovan (James B. Donovan and Patrick J. Hughes of counsel), for Association of Casualty and Surety Companies, amicus curiæ.

HERLIHY, J. P., TAYLOR, AULISI and HAMM, JJ., concur.

REYNOLDS, J.

This is an appeal from an order and judgment of the Supreme Court, Clinton County, granting respondent's motion for summary judgment.

On October 11, 1962 a car driven and owned by one Richard Ashline collided on Route 9 near Plattsburgh with a tractor-trailer driven by one William Clements and owned by Smith Transport U. S. Ltd. As a result of the accident, Clements was injured and Ashline...

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