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INDIANA LUMBERMENS INS. v. PASSALACQUA

27 Misc.2d 405 (1960)

Indiana Lumbermens Mutual Insurance Company, Plaintiff, v. Richard Passalacqua et al., Defendants.

Supreme Court, Niagara County.

December 29, 1960

Attorney(s) appearing for the Case

Michael J. Montesano for Richard Passalacqua and another, defendants. Phelps, Gray, Mansour & Hewitt for plaintiff.

REID S. MOULE, J.

Plaintiff has brought suit to determine the rights and obligations of itself and the defendants under an automobile liability insurance policy issued by it to the defendant, Richard Passalacqua, September 7, 1959.

The defendant Di Muro moves to dismiss the complaint on the grounds that it does not state a cause of action. He claims that he...

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