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


206 Misc. 485 (1954)

American Surety Company of New York, Plaintiff, v. Bernard Rosenthal et al., Defendants.

Supreme Court, Special Term, New York County.

June 17, 1954.


Attorney(s) appearing for the Case

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

George Popkin for defendants.


BENVENGA, J.

In this action for a declaratory judgment, the plaintiff seeks a determination that it is not obligated to defend an action brought against the Rosenthals (hereinafter referred to as defendants).

In September, 1951, the plaintiff issued a policy of automobile liability insurance to the defendants. By its terms, the plaintiff agreed to defend any action commenced against the defendants with...

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