GOETZ v. GEN. ACC. ASSUR. CORP.


47 Misc.2d 67 (1965)

David M. Goetz, Appellant-Respondent, v. General Accident Fire and Life Assurance Corporation, Ltd., Respondent-Appellant.

Supreme Court, Appellate Term, Second Department.

July 28, 1965


Attorney(s) appearing for the Case

Simon S. Panush and Louis Tuchman for appellant-respondent. Thomas V. Kingham and Matthew J. O'Connor for respondent-appellant.

GULOTTA, J., concurs with DI GIOVANNA, J., in a separate memorandum. BRENNER, J., dissents in a separate opinion.


ANTHONY J. DI GIOVANNA, J.

Cross appeals have been taken by the respective parties from an order denying both the motion by the plaintiff for summary judgment and denying the defendant's motion for summary judgment.

The defendant issued an automobile liability policy to the owner of an automobile. Plaintiff was covered thereunder by reason of the fact that he was a resident in the owner's household. The medical payments provision of the policy...

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