MANARD v. HARDWARE MUT. CAS. CO.


12 A.D.2d 29 (1960)

Anne E. Manard, an Infant, by Agnes Manard, Her Guardian ad Litem, et al., Appellants, v. Hardware Mutual Casualty Company, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 1, 1960.


Attorney(s) appearing for the Case

Karz, Buetens & Dinolfo (Melvin M. Buetens of counsel), for appellants.

Fix & Spindleman (Meyer Fix of counsel), for respondent.

Present — BASTOW, J. P., GOLDMAN, HALPERN and McCLUSKY, JJ.


Per Curiam.

The Special Term granted summary judgment in favor of the defendant insurance company upon the ground that a judgment in favor of the owner of the automobile involved in the accident, entered upon a jury verdict of no cause of action, was res judicata against the plaintiffs in the present action brought by them to enforce the liability of the insurance company under the omnibus coverage clause in...

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