LIBERTY MUT. INS. v. MURER


28 A.D.2d 263 (1967)

Liberty Mutual Insurance Company, Appellant, v. Elmer Murer et al., Defendants; Paul Constantino, Respondent, John R. Wood, Appellant

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

November 16, 1967.


Attorney(s) appearing for the Case

John Nielsen of counsel (Fogarty & Nielsen, attorneys), for Liberty Mutual Insurance Company, appellant.

Sidney Gaines of counsel (Norbert Ruttenberg with him on the brief; Friedlander, Gaines, Ruttenberg & Goetz, attorneys), for John R. Wood, appellant.

Edward J. Hart of counsel (Curtis, Hart & Munro, attorneys), for respondent.

BOTEIN, P. J., EAGER, RABIN and McGIVERN, JJ., concur.


TILZER, J.

The issue is whether a policy of automobile insurance issued by plaintiff carrier to defendant Murer under the New York automobile assigned risk plan should be reformed to express the true agreement between the parties. Paul Constantino, the defendant driver of the insured's car at the time it was involved in an accident, moved to dismiss the complaint on the ground that it failed to state a cause...

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