VERN v. MERCHS. MUT. CAS. CO.


21 Misc.2d 51 (1952)

Ike Vern, Respondent, v. Merchants Mutual Casualty Company, Appellant.

Supreme Court, Appellate Term, First Department.

December 18, 1952.


Attorney(s) appearing for the Case

Baier & Chamberlin (Edmund J. Kane of counsel), for appellant.

Poses, Katcher & Driesen (George Chernoff of counsel), for respondent.

SCHREIBER, J., concurs; HOFSTADTER, J., dissents to extent that complaint is dismissed; vote for reversal being solely on ground that the submission to the jury by the trial court was inadequate, diffuse and tending to confuse.


WILLIAM C. HECHT, JR., J.

Plaintiff was injured while driving a rented car. He lives and is employed in New York City. He owns a car which is kept in a garage in New York and was insured by defendant under a standard automobile liability insurance policy. The policy contains the following clause relative to the use of other automobiles:

"V. Use of Other Automobiles. If the named assured is an individual who owns the automobile classified as ...

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