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ALLSTATE INS. CO. v. GROSS

31 A.D.2d 389 (1969)

Allstate Insurance Company, Respondent, v. Charles M. Gross et al., Respondents, and Motor Vehicle Accident Indemnification Corporation, Appellant

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

February 27, 1969.

Attorney(s) appearing for the Case

Edward Cherney of counsel (Friedlander Gaints Ruttenberg & Goetz, attorneys), for appellant.

Meyer & Wexler for Charles M. Gross, respondent.

William L. Shumate of counsel (Speiser, Shumate, Geoghan & Krause, attorneys), for Allstate Insurance Company, respondent.

STEVENS, P. J., EAGER, MARKEWICH, NUNEZ and STEUER, JJ., concur.

Per Curiam.

In this action by an insurance carrier for a judgment declaring its rights and obligations under a policy issued to defendant Charles M. Gross, MVAIC appeals from a judgment entered April 5, 1967 in favor of the plaintiff which adjudged that the plaintiff is not obligated to defendant, its insured.

August 17, 1963, while Gross was insured by the plaintiff Allstate Insurance Company (Allstate) he...

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