VITO v. GEN. MUT. INS. CO.


15 A.D.2d 289 (1962)

Joseph M. Vito, Respondent, v. General Mutual Insurance Company, Appellant

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

January 17, 1962.


Attorney(s) appearing for the Case

Donohue & Bohl (Paul F. Donohue of counsel), for appellant.

Oppenheim & Oppenheim (Morris M. Oppenheim of counsel), for respondent.

BERGAN, P. J., COON, GIBSON and HERLIHY, JJ., concur.


REYNOLDS, J.

The sole question presented on this appeal is whether a public liability policy issued by appellant to Roy's Gas and Fuel Oil Service in April, 1956 affords coverage for personal injuries sustained by respondent, a customer of the insured. During the term of the policy the insured verbally agreed to service respondent's propane tanks, to examine them from time to time and to keep them properly filled...

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