PILIERO v. ALLSTATE INS. CO.


22 Misc.2d 415 (1959)

Joseph Piliero, Plaintiff, v. Allstate Insurance Company et al., Defendants.

Supreme Court, Special Term, Queens County.

November 27, 1959.


Attorney(s) appearing for the Case

Giaimo & Nicolosi (David Gale of counsel), for plaintiff.

McCarthy & McGrath (John W. McClancy, Jr., of counsel), for Allstate Insurance Company, defendant.


J. IRWIN SHAPIRO, J.

This action, in which plaintiff seeks a declaratory judgment, was submitted to the court for decision on an agreed statement of facts.

To adequately comprehend the questions of law which must here be decided, a recitation of the facts is deemed necessary.

On June 22, 1955, one Carl Tamorria drove himself and a party of relatives and friends to Tufaro's Restaurant. He drove into the parking lot located on the south...

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