LOKOS v. NEW AMSTERDAM CAS. CO.


197 Misc. 40 (1949)

Arthur Lokos, Plaintiff, v. New Amsterdam Casualty Co., Defendant.

Municipal Court of the City of New York, Borough of Manhattan.

April 5, 1949.


Attorney(s) appearing for the Case

Roy M. Cohn for plaintiff.

Frederick Mellor and Joseph F. Lenihan for defendant.


McCAFFREY, J.

The plaintiff sues to recover medical payments under the contract of insurance herein. The pertinent part of the said contract is as follows: "To pay to or for each person who sustains bodily injury, caused by accident, while in or upon, entering or alighting from (1) the automobile, if the injury arises out of a use thereof which is insured for bodily injury liability and is by or with the permission...

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