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SPERLING v. GREAT AMER. IND. CO.

7 N.Y.2d 442 (1960)

May E. Sperling, as Executrix of Richard H. Sperling, Deceased, Respondent, v. Great American Indemnity Company, Appellant.

Court of Appeals of the State of New York.

Decided March 24, 1960.

Attorney(s) appearing for the Case

Samuel Gottesman, Harold H. Wolgel and Gerald M. Smith for appellant.

Henry J. Smith for respondent.

Chief Judge DESMOND and Judges DYE and BURKE concur with Judge FROESSEL; Judge FOSTER dissents in an opinion in which Judges FULD and VAN VOORHIS concur.

FROESSEL, J.

This is an action by a judgment creditor under section 167 of the Insurance Law to compel the defendant insurer to pay a judgment to the extent of its coverage under an automobile liability policy. Plaintiff is the widow and executrix of one Richard Sperling, who was killed in an automobile accident on December 30, 1957. In a wrongful death action instituted against one Christine Nystrom, the latter...

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