BARRON v. FARM MUT. INS. CO.


10 Misc.2d 644 (1958)

Michael Barron et al., Copartners Doing Business as M. Barron and Citizens Casualty Company of New York, Plaintiffs, v. Farm Bureau Mutual Automobile Insurance Company, and its Successor in Interest Nationwide Mutual Insurance Company, Defendant.

Supreme Court, Special Term, New York County.

February 25, 1958.


Attorney(s) appearing for the Case

Copal Mintz for plaintiffs.

Joseph F. O'Brien and John D. Kelly for defendant.


VINCENT A. LUPIANO, J.

The motion of the plaintiffs for summary judgment under rule 113 of the Rules of Civil Practice and of the defendant for leave to serve an amended answer have been considered together.

This is an action for a declaratory judgment. The plaintiffs, who are the insured and one of their insurers, seek an adjudication that another insurer, the defendant herein, is obliged to defend...

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