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AM. SUR. CO. OF N. Y. v. DIAMOND

206 Misc. 309 (1954)

American Surety Company of New York, Plaintiff, v. Fannie Diamond et al., as Executors of Adolph Diamond, Deceased, et al., Defendants.

Supreme Court, Special Term, New York County.

July 9, 1954.

Attorney(s) appearing for the Case

Frederick M. Garfield and Harold M. Harkavy for plaintiff.

Bernard Meyerson for David Diamond, defendant.

Herman E. Hoberman for Fannie Diamond and another, as executors of Adolph Diamond, deceased, defendants.

Evans, Rees, Orr & Walsh for Alfred E. Covelli, defendant.

SAYPOL, J.

Plaintiff issued and delivered its policy of automobile insurance to David Diamond. His mother Fannie borrowed his automobile and while she drove it with her husband as her passenger, it was in collision with the vehicle driven by defendant Covelli. The father was injured and died. Thereupon, Fannie having refused to supply any information of the accident to the plaintiff, joined as coexecutrix in...

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