LUKIN v. MASS. BONDING & INS.


28 Misc.2d 876 (1961)

Seymour Lukin, an Infant, by Silla Lukin, His Guardian ad Litem, et al., Plaintiffs, v. Massachusetts Bonding & Insurance Co. et al., Defendants.

Supreme Court, Trial Term, Queens County.

June 12, 1961


Attorney(s) appearing for the Case

Alvin L. Korngold for plaintiffs. Anthony J. De Cicco and Peter A. Verdirame for Massachusetts Bonding & Insurance Co., defendant. George J. Conway and John J. McGuire for Insurance Company of North America, defendant.


JAMES J. CONROY, J.

This action was brought pursuant to section 167 (subd. 1, par. [b]) of the Insurance Law. The complaint was dismissed as against the Insurance Company of North America when it appeared that there was no policy of that company in existence at the time of the alleged accident.

On November 29, 1953, the infant plaintiff sustained injuries as a result of a fall from a swing on the premises of the insured Frances Albertson. The...

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