TOMALA v. PEERLESS INS. CO.


20 A.D.2d 206 (1964)

Stanley Tomala, Respondent, v. Peerless Insurance Company, Appellant

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

January 15, 1964.


Attorney(s) appearing for the Case

Charles R. Sandler, M. Robert Koren and Peter D. Cook for appellant.

Moynihan, Scalzo & Hamsher (Richard O. Robinson and James A. Moynihan of counsel), for respondent.

BASTOW, GOLDMAN and NOONAN, JJ., concur in Per Curiam opinion. WILLIAMS, P. J., dissents and votes to reverse and dismiss the complaint in an opinion.


Per Curiam.

The question here presented is whether a policy of automobile liability insurance was in force and effect at the time of the happening of an accident on July 4, 1958.

The plaintiff sued one, Thomas Britton, for damages arising from that automobile accident. The defendant carrier disclaimed liability and refused to defend Britton claiming that its policy had been cancelled. Following an inquest,...

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