McCARTHY v. UNITED SERV. ASSN.


24 Misc.2d 79 (1960)

Annie L. McCarthy, Plaintiff, v. United Services Automobile Association, Defendant.

Supreme Court, Onondaga County.

September 2, 1960.


Attorney(s) appearing for the Case

Costello, Cooney & Fearon (Vincent A. O'Neil of counsel), for plaintiff. Melvin & Melvin (Edward D. Brown, Jr., of counsel), for defendant.


J. ROBERT LYNCH, J.

The parties have cross-moved for summary judgment, an appropriate remedy since there is no substantial disagreement on the facts.

On October 18, 1959, defendant's insured, David Branch, had an argument with his wife at their home in Syracuse. She left the house and Branch followed. A short time later he saw her get into a car driven by the plaintiff, Annie Lee McCarthy, and he jumped...

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