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LAURITANO v. AM. FIRE INS. CO.

3 A.D.2d 564 (1957)

Philip Lauritano, Appellant, v. American Fidelity Fire Insurance Company et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

May 7, 1957.

Attorney(s) appearing for the Case

William G. Mulligan of counsel (Joshua J. Nasaw, Milton Kaplan and William Palitz with him on the brief; Joshua J. Nasaw, attorney), for appellant.

William L. Shumate of counsel (Cusack & Shumate, attorneys), for American Fidelity Fire Insurance Company, respondent.

Brendan C. Kelly of counsel (Mendes & Mount, attorneys), for American Universal Insurance Company, respondent.

George T. Nicholson of counsel (John B. Asch, attorney), for Standard Accident Insurance Company, respondent.

PECK, P. J., and BREITEL, J., concur with BOTEIN, J.; FRANK, J., dissents and votes to affirm, in opinion, in which RABIN, J. concurs.

BOTEIN, J.

On May 21, 1952 plantiff was seriously injured when the car in which he was riding as a passenger was struck by a large tractor-trailer. The tractor-trailer, which was owned by one Joseph Forzano, was at the time of the accident rented to S. S. D. Trucking Corp. and was then on its way to make a pick-up.

Plaintiff brought action against Joseph Forzano and S. S. D. Trucking Corp. and obtained...

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