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ÆTNA CAS. & SUR. v. WORLD WIDE

28 A.D.2d 286 (1967)

Ætna Casualty and Surety Company, Respondent, v. World Wide Rent-a-Car, Inc., Appellant, et al., Defendants

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

November 28, 1967.

Attorney(s) appearing for the Case

Benjamin Heller of counsel (Cymrot, Wolin & Simon, attorneys), for appellant.

Martin M. Baxter of counsel (William H. Williamson, Jr., with him on the brief; J. Robert Morris, attorney), for respondent.

BOTEIN, P. J., CAPOZZOLI and RABIN, JJ., concur.

STEVENS, J.

This is an appeal by World Wide Rent-A-Car, Inc. (World Wide) from an order and judgment entered January 25, 1967 which declared that World Wide had the primary coverage for an accident which occurred October 23, 1960, and the policies of insurance of Sun Insurance Company of New York (Sun) and of the Ætna Casualty and Surety Company (Ætna) respectively, to be excess over the coverage of...

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