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TYRNAUER v. TRAVELERS INS. CO.

15 A.D.2d 293 (1961)

Ignatz Tyrnauer et al., Appellants, v. Travelers Insurance Company et al., Respondents

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

December 29, 1961.

Attorney(s) appearing for the Case

Moses M. Zelig for appellants.

Terhune, Gibbons & Mulvehill (John G. Donovan of counsel), for respondents.

NOLAN, P. J., CHRIST and PETTE, JJ., concur with BRENNAN, J.; UGHETTA, J., dissents in opinion.

BRENNAN, J.

In this declaratory judgment action, plaintiffs, Ignatz and David Tyrnauer, seek an adjudication that, at the time of an automobile accident on August 6, 1956, they were insured by the defendants, the Travelers Insurance Company and the Travelers Indemnity Company (hereinafter referred to as insurers) under a certain policy of liability insurance, and that the insurers are obligated to defend certain...

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