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TRAVELERS INS. CO. v. SAUNDERS & SONS

18 A.D.2d 126 (1963)

Travelers Insurance Company et al., Respondents, v. W. F. Saunders & Sons, Inc., et al., Appellants, and Donald Halstrom, Respondent

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

March 13, 1963.

Attorney(s) appearing for the Case

Mackenzie, Smith, Lewis, Michell & Hughes (John F. Lawton of counsel), for W. F. Saunders & Sons, Inc., and another, appellants.

Haskell & Foley (Richard J. Shay of counsel), for the Travelers Insurance Company and others, respondents.

Brevett & Woods for Donald Halstrom, respondent.

BERGAN, P. J., GIBSON and REYNOLDS, JJ., concur with COON, J.; HERLIHY, J., dissents in an opinion.

COON, J.

Plaintiffs brought this action for a declaratory judgment declaring that plaintiffs Carpenter Hauling and Rigging Co., Inc., and Philip Scott, were additional "insureds" under a comprehensive liability insurance policy issued by Globe Indemnity Company, defendant, to the defendant W. F. Saunders & Sons, Inc. The case was submitted to a Trial and Special Term of Supreme Court, upon a stipulated statement...

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