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COSMOPOLITAN INS. v. BALTIMORE R. R.

18 A.D.2d 460 (1963)

Cosmopolitan Mutual Insurance Company et al., Appellants, v. Baltimore & Ohio Railroad Co. et al., Respondents

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

May 14, 1963.

Attorney(s) appearing for the Case

Lester Samuels of counsel (Emanuel Morgenbesser, attorney; Weisman, Celler, Allan, Spett & Sheinberg of counsel), for appellants.

Donald J. Sheehan of counsel (Millard N. Bush, attorney), for respondents.

McNALLY, J. P., STEVENS, STEUER and BERGAN, JJ., concur.

EAGER, J.

The plaintiffs appeal from a declaratory judgment which determined and adjudicated that a liability policy of the plaintiff Cosmopolitan Mutual Insurance Company provided coverage for the defendant Baltimore & Ohio Railroad Co., as an additional insured, for liability for injuries sustained in an accident involving the plaintiff Rosenbaum.

The facts concerning the accident were agreed upon...

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