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BD. OF EDUC. v. TRAVELERS IND. CO.

48 Misc.2d 465 (1965)

Board of Education of the Enlarged City School District of the City of Oneonta, New York, Plaintiff, v. Travelers Indemnity Company, Defendant.

Supreme Court, Special Term Otsego County, held in Delaware County.

March 8, 1965

Attorney(s) appearing for the Case

Frederick R. Walsh and Theodore P. Feury for plaintiff. Vibbard, Donaghy & Wright (Harry J. Donaghy of counsel), for defendant.

DAVID F. LEE, JR., J.

In an action to declare the rights of the parties under an "Automobile Policy" of insurance issued by the defendant to the owner of a bus, Arthur Brundage, plaintiff seeks a summary judgment declaring that the plaintiff is an insured within the meaning and language of the policy, that the defendant is obligated by the terms of the policy to provide the plaintiff with a defense, and to pay any judgment up to the

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