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HOLUBETZ v. NAT. FIRE INS. CO.

13 A.D.2d 228 (1961)

Maria Holubetz, Respondent, v. National Fire Insurance Company of Hartford, Appellant, et al., Defendant

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

June 1, 1961.

Attorney(s) appearing for the Case

Murphy, Aldrich, Guy, Broderick & Simon (Morris Simon and Bernard Simon of counsel), for appellant.

Charles S. Tracy for respondent.

BERGAN, P. J., GIBSON and HERLIHY, JJ., concur.

TAYLOR, J.

Plaintiff was injured on September 8, 1957 while riding in her motor vehicle which, at the time, was operated by one Curran. In a personal injury action — defended by appellant under an alleged nonwaiver agreement — she has obtained a judgment against him in the sum of $13,590.01 which admittedly remains unsatisfied. At the time of the accident, plaintiff carried a casualty insurance...

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