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MORROW v. ÆTNA CAS. & SUR. CO.

50 Misc.2d 189 (1966)

Gordon Morrow, Plaintiff, v. Ætna Casualty and Surety Company, Defendant.

City Court, City of Syracuse.

May 17, 1966

Attorney(s) appearing for the Case

Coulter, Fraser, Carr, Ames & Bolton (Robert D. Ventre of counsel), for defendant. Ali, Gerber, Boyle & Parr (Rudolph V. Parr of counsel), for plaintiff.

TONY MANCUSO, J.

This is a motion for summary judgment by defendant.

The complaint alleges a cause of action on an automobile insurance policy. At the argument of the motion, the parties stipulated a specimen of the policy which provided: "Part III — Physical Damage, Coverage D (1) — Comprehensive (excluding Collision)." There was no collision coverage on the vehicle. Plaintiff claims coverage...

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