WALLACE v. UNIVERSAL INS.


18 A.D.2d 121 (1963)

Charles Wallace, an Infant, by Dorothy Wallace, His Guardian ad Litem, et al., Respondents, v. Universal Insurance Company, Inc., Appellant

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

March 7, 1963.


Attorney(s) appearing for the Case

Harry Fass of counsel (Weintraub & Fass, attorneys), for appellant.

Ira L. Levinson for respondents.

BREITEL, VALENTE, McNALLY and NOONAN, JJ., concur.


BOTEIN, P. J.

Prior to the commencement of this action plaintiffs had recovered a judgment against one Frank Floyd in a personal injury action. The injuries resulted from the operation of an automobile owned by Floyd, to whom defendant insurance carrier had issued a policy of insurance. In the present action plaintiffs seek to charge defendant with the amount of the judgment, pursuant to section 167 of the Insurance Law. Defendant's contention, based...

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