AMER. MOTOR. INS. v. N. Y. SEVEN-UP BOTTLING


18 A.D.2d 36 (1963)

American Motorists Insurance Company, Respondent-Appellant, v. New York Seven-up Bottling Co., Inc., Appellant-Respondent

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

February 26, 1963.


Attorney(s) appearing for the Case

Frank H. Connelly of counsel (McGovern, Vincent & Connelly, attorneys), for appellant-respondent.

Edwin D. Kyle of counsel (Duer & Taylor, attorneys), for respondent-appellant.

BOTEIN, P. J., RABIN, EAGER and NOONAN, JJ., concur.


STEUER, J.

Plaintiff moved at Special Term for summary judgment and, on the motion being granted, defendant appeals. The order directed an assessment and, from certain findings made by the court on the assessment, plaintiff appeals.

The action is by an insurance carrier against its insured for a balance of premium earned. Suit is on three successive policies, each for one year beginning, respectively,...

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