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PHOENIX ASSUR. CO. v. DE LAIR

17 Misc.2d 391 (1959)

Phoenix Assurance Company of New York, Plaintiff, v. Vincent De Lair et al., Defendants.

Supreme Court, Special Term, Albany County.

February 13, 1959.

Attorney(s) appearing for the Case

Murphy, Aldrich, Guy, Broderick & Simon (William E. Noonan of counsel), for plaintiff.

Ainsworth, Sullivan, Tracy & Knauf (John E. Knauf of counsel), for Safeco Insurance Co. of America, defendant.

DONALD S. TAYLOR, J.

In an action for a declaratory judgment plaintiff seeks a determination that it is not liable to defendants under its policy issued to the defendant, Vincent L. De Lair, for any claim arising out of an accident which involved a stolen motor vehicle operated by his infant son, the defendant, Vincent De Lair. The defendant, Safeco Insurance Co. of America, a subrogated carrier to the rights of the defendant, Maria C. Winkelmann, has...

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