McCONVILLE, INC. v. MERCHS. MUT. INS.


47 Misc.2d 279 (1965)

McConville, Inc., Plaintiff, v. Merchants Mutual Insurance Company, Defendant.

Supreme Court, Onondaga County.

August 4, 1965


Attorney(s) appearing for the Case

Costello, Sooney & Fearon for plaintiff.

Bond, Schoeneck & King for defendant.


JAMES H. O'CONNOR, J.

A motion is made by the plaintiff for summary judgment against the defendant seeking money damages in the sum of $5,529.10.

The facts involving the matter before this court, as gleaned from the affidavits, memoranda of law, summons and complaint and the answer are basically as follows:

On June 19, 1958 a Euclid bottom dump earth mover, mounted on rubber tires, was being transported by the plaintiff from Waddington...

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