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JEFFERSON v. SINCLAIR REF. CO.

14 A.D.2d 238 (1961)

Edward Jefferson, Respondent, v. Sinclair Refining Company, Defendant-Respondent and Third-Party Plaintiff-Respondent. Lipsett, Incorporated et al., Third-Party Defendants-Appellants

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

October 19, 1961.

Attorney(s) appearing for the Case

William F. McNulty of counsel (Rudser & Fitzmaurice, attorneys), for third-party defendants-appellants.

James H. Halpin of counsel (Robert W. Murray and P. Richard Mercurio with him on the brief; Kissam & Halpin, attorneys), for third-party plaintiff-respondent.

Jay Kushner, attorney (Bennett E. Aron and Harry Zeitlan of counsel), for respondent.

BOTEIN, P. J., BREITEL, RABIN and VALENTE, JJ., concur.

McNALLY, J.

The question presented involves the right of one, other than the insured or additional insured, and not an injured person within the meaning of section 167 of the Insurance Law, to prosecute an action on a policy of liability insurance.

On October 3, 1958 Lipsett, Incorporated, third-party defendant, entered into a contract with Sinclair Refining Company, defendant and third-party plaintiff...

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