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  5. 13 N.Y.2d 233 (1963)
 

ROSS v. PAWTUCKET MUT. INS. CO.

13 N.Y.2d 233 (1963)

Nat Ross, Plaintiff, v. Pawtucket Mutual Insurance Company, Defendant and Third-Party Plaintiff-Appellant. Maurice Moss et al., Third-Party Defendants-Respondents.

Court of Appeals of the State of New York.

Decided November 27, 1963.

Attorney(s) appearing for the Case

Jacob Nagelberg and Max J. Gwertzman for appellant.

No appearance for respondents.

Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and SCILEPPI concur.

FOSTER, J.

An automobile owned by Nat Ross was damaged in a collision with one owned by Tillie Moss and operated by her husband. The defendant insurance company had issued a policy insuring Ross' car against collision and, when Ross and the company were unable to agree as to the amount of damages, a suit was instituted by Ross upon the policy. After answering the complaint, the insurance company served a third...

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