ALLSTATE INS. CO. v. DE CESARE


14 Misc.2d 590 (1958)

Allstate Insurance Company, Plaintiff, v. Charles De Cesare, Sr., et al., Defendants.

Supreme Court, Special Term, Queens County.

September 26, 1958.


Attorney(s) appearing for the Case

Hyman Shapiro for Charles De Cesare, Jr., defendant.

McCarthy & McGrath (Marshall D. Sweetbaum of counsel), for plaintiff.


JAMES J. CONROY, J.

Motion by the defendant Charles De Cesare, Jr., to dismiss the complaint for legal insufficiency.

The plaintiff, who insured the automobile of the moving defendant, brings this action for a declaratory judgment that its assured breached his policy obligations to the plaintiff insofar as the co-operation clause thereof is concerned, and that, therefore, the plaintiff is not required...

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