EMPIRE MUT. INS. CO. v. LIBERTY INS. CO.


21 Misc.2d 1050 (1959)

Empire Mutual Insurance Company, Respondent, v. Liberty Mutual Insurance Company, Appellant.

Supreme Court, Appellate Term, First Department.

December 10, 1959.


Attorney(s) appearing for the Case

John P. Smith and John Nielsen for appellant.

Lawrence Eichner for respondent.

AURELIO and TILZER, JJ., concur.


ARON STEUER, J. P.

Defendant has moved for summary judgment and plaintiff cross-moved for the same relief.

Both parties are insurance companies and both issued policies to one Williams covering the same vehicle. Williams made a claim against plaintiff on the policy, which claim plaintiff paid. Plaintiff then sued defendant for a proportionate share of the payment made. The defense to the suit is that...

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