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RODRIGUEZ v. SEDA

44 Misc.2d 199 (1962)

Adalberto Rodriguez, an Infant, by His Guardian ad Litem, Juan Rodriguez, et al., Plaintiffs, v. Isidore Seda et al., Defendants and Third-Party Plaintiffs. Lafayette National Bank of Brooklyn in New York, Third-Party Defendant.

Supreme Court, Special Term, New York County.

April 30, 1962

Attorney(s) appearing for the Case

Stanley Sturman for plaintiffs. Norman Roy Grutman for defendants and third-party plaintiffs. Hampton & Dietel for third-party defendants.

SAMUEL C. COLEMAN, J.

The crucial question is whether the insured, on August 4, 1960, received notice from the insurance company that effective August 16, 1960 her policy of insurance would be cancelled for nonpayment of premium. If she had, she cannot recover.

The insured was sued by one Rodriguez to recover for injuries he received when (Oct. 14, 1960) he was struck by Mrs. Seda's automobile. The insurance...

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