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FIREMAN'S FUND INS. CO. v. DE GARMO

23 Misc.2d 278 (1960)

Fireman's Fund Insurance Company, Plaintiff, v. Leon B. De Garmo et al., Defendants.

Supreme Court, Special Term, New York County.

February 23, 1960.

Attorney(s) appearing for the Case

Emile Z. Berman and A. Harold Frost for plaintiff.

Edwin E. Peterson and Charles L. Cusumano for Emergency Shelter, Inc., defendant.

Satterlee, Browne, Cherbonnier & Dickerson for Leon B. De Garmo, defendant.

ARON STEUER, J.

The motion is for summary judgment in an action for a declaratory judgment. It appears that Leon De Garmo was injured in an accident while being driven in an automobile owned by Emergency Shelter, Inc., and operated by Melvin Shmonsky. De Garmo started suit against these two. Plaintiff in this action had issued a policy of insurance on the automobile. The policy excluded employees of the Shelter...

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