GLENS FALLS INS. CO. v. POLING


26 A.D.2d 799 (1966)

Glens Falls Insurance Company, Appellant, v. Samuel C. Poling, Defendant, and Edwin P. Poling, Respondent

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

October 11, 1966


Order, entered on September 10, 1965, granting motion to dismiss complaint unanimously reversed, on the law, with $50 costs and disbursements to appellant, and motion denied.

The complaint is in an action for a declaratory judgment by an insurance company on the question of coverage. Special Term granted the motion on the ground that the suit was untimely. This conclusion was reached on the ground that the pending negligence action would determine the question. It...

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