NAT'L SUR. CORP. v. KLEIN


3 Misc.2d 876 (1956)

National Surety Corporation, Plaintiff, v. Bernard Klein et al., Defendants.

Supreme Court, Trial Term, New York County.

September 27, 1956.


Attorney(s) appearing for the Case

Jeremiah G. Mahony for plaintiff.

Harry P. Rich for Bernard Klein and another, defendants.

Samuel G. Rabinor for Solomon Yoffe, defendant.


OWEN McGIVERN, J.

This action has been brought by an insurance underwriter for a judgment declaring it not liable pursuant to an automobile insurance policy issued by it to a named insured, Irving L. Klein, on November 27, 1953, for a period of one year. On June 14, 1954, and before the expiration of the policy, the insured died. On July 26, 1954, or 42 days later, and while the car of the deceased was being...

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