STANDARD ACC. INS. v. ROTH


28 Misc.2d 1080 (1961)

Standard Accident Insurance Company, Plaintiff, v. Lewis Roth et al., Defendants.

Supreme Court, Special and Trial Term, New York County.

February 25, 1961


Attorney(s) appearing for the Case

James B. McLaughlin and James A. Quinn for plaintiff. Spiegel & Davis (M. Robert Schwartz and Max Lourie of counsel), for defendants.


IRVING L. LEVEY, J.

The plaintiff seeks a declaratory judgment against the defendants, pursuant to section 473 of the Civil Practice Act, in connection with a policy of automobile insurance which it had issued to defendant, Roth, on the ground that it was effectively cancelled for nonpayment of premiums prior to an alleged accident and, that therefore it is not obliged either to respond in damages or to assume the defense of any claims arising out of...

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