PEKA, INC., v. KAYE


208 Misc. 1003 (1955)

Peka, Inc., Plaintiff, v. A. Stanley Kaye, Defendant and Third-Party Plaintiff. "John Doe" et al., Doing Business as Lloyd's of London, Ltd., Third-Party Defendants.

Supreme Court, Special Term, Bronx County.

October 14, 1955.


Attorney(s) appearing for the Case

George W. Clark for third-party defendants.

Shirley P. Thaw and Alfred S. Julian for third-party plaintiff.


EDER, J.

This is a motion by the underwriters doing business as Lloyd's of London, Ltd. (herein referred to as Lloyd's) to dismiss pursuant to rule 106 a third-party complaint as insufficient in law. The motion is directly based on subdivision 3 of section 167 of the Insurance Law, excluding from insurance coverage "any liability of an assured because of death of or injuries to his or her spouse * * * unless...

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