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COSMOPOLITAN INS. v. LUMBERMENS CAS. CO.

26 A.D.2d 302 (1966)

Cosmopolitan Mutual Insurance Company, Respondent-Appellant, et al., Plaintiff, v. Lumbermens Mutual Casualty Company, Appellant-Respondent, et al., Defendants

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

October 27, 1966.

Attorney(s) appearing for the Case

Arthur R. Martoccia of counsel (Di Fede & Martoccia on the brief; Emanuel Morgenbesser, attorney), for respondent-appellant.

Sidney A. Schwartz of counsel (Alexander, Ash & Schwartz, attorneys), for appellant-respondent.

BREITEL, RABIN and CAPOZZOLI, JJ., concur.

BOTEIN, P. J.

On June 19, 1958 one Sharon Higgins was injured as a result of a fall on a sidewalk adjacent to premises occupied by Riva Service Corporation as lessee of 1770 First Avenue Corporation. She brought suit for damages against the two corporations and the City of New York. During the pendency of this suit, respondent Cosmopolitan Mutual Insurance Company, which had issued an automobile garage liability...

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