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POMPEII v. PHOENIX ASSUR. CO.

7 Misc.2d 846 (1957)

Michael Pompeii, Doing Business as Al's Welding Shop, Plaintiff, v. Phoenix Assurance Company of New York, Defendant.

County Court, Broome County.

October 1, 1957.

Attorney(s) appearing for the Case

George L. Ingalls for defendant.

Boris Schneeberg for plaintiff.

ROBERT O. BRINK, J.

The defendant through its attorney has moved for summary judgment pursuant to rule 113 of the Rules of Civil Practice on the ground that the action has not merit.

On the 28th day of May, 1956 one Leo Walsh took his 1954 Chevrolet two-door sedan to the plaintiff's place of business in the city of Binghamton for the purpose of having a crack in the rear axle of the car welded. After...

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