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LAMBERTI v. ANACO EQUIP. CORP.

16 A.D.2d 121 (1962)

Alfred Lamberti, as Administrator of The Estate of Alfonso Valentini, Deceased, Plaintiff, v. Anaco Equipment Corp. et al., Defendants Anaco Equipment Corp. et al., Third-Party Plaintiffs, and Knickerbocker Construction Corporation, Third-Party Plaintiff-Appellant, v. Travelers Insurance Company, Third-Party Defendant-Respondent

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

March 22, 1962.

Attorney(s) appearing for the Case

William F. McNulty of counsel (Rudser & Fitzmaurice, attorneys), for appellant.

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

BOTEIN, P. J., and BASTOW, J., concur with RABIN, J.; EAGER, J., dissents in opinion in which BREITEL, J., concurs.

RABIN, J.

Once again, as in the case of Wagman v. American Fid. & Cas. Co. (304 N.Y. 490), we are called upon to decide whether an automobile liability policy issued to an owner of a truck affords coverage in connection with an accident which it is here claimed occurred during the unloading of that truck.

The facts are as follows: The accident, in which the plaintiff...

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