CAR AND GENERAL INSURANCE CORP. v. GOLDSTEIN


179 F.Supp. 888 (1959)

CAR AND GENERAL INSURANCE CORP., Ltd., Plaintiff, v. Jack GOLDSTEIN and Myra Goldstein, an infant, by her Guardian ad Litem, Frances Goldstein, Defendants.

United States District Court S. D. New York.

December 18, 1959.


Attorney(s) appearing for the Case

Dominic J. Cornella, New York City, for plaintiff.

Sugarman, Kuttner & Fuss, New York City, for defendant Jack Goldstein, Eugene L. Sugarman, New York City, of counsel.


METZNER, District Judge.

Plaintiff moves for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S. C.A.

This is an action seeking a declaratory judgment that plaintiff has validly disclaimed liability on its policy of insurance because of the lack of cooperation of the insured. The following is a summary of the facts in this case as adduced from the pleadings, the responses to the notice for admissions, and the affidavits submitted...

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