GEN. MUT. INS. v. SUN INS. CO


24 A.D.2d 135 (1965)

General Mutual Insurance Company, Appellant, v. Sun Insurance Company of New York, Respondent

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

November 29, 1965.


Attorney(s) appearing for the Case

Goldstein & Goldstein (David Farber of counsel), for appellant.

Roland, Hurley & Fox (Harry A. Fox, Jr., of counsel), for respondent.

GIBSON, P. J., TAYLOR and AULISI, JJ., concur with REYNOLDS, J.; HERLIHY, J., concurs in a separate opinion.


REYNOLDS, J.

This is an appeal from a judgment of the Supreme Court, Sullivan County, dismissing appellant's complaint.

This action for a declaratory judgment arose from an accident involving a tractor-trailer and an automobile. Appellant, the insurer for the tractor owner, thereafter settled with the occupants of the car with the consent of the respondent, the insurer for the trailer owner. Appellant...

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