GRAHAM v. WADE


53 Misc.2d 822 (1967)

Jeff Graham, Plaintiff, v. Hilroy A. Wade et al., Defendants and Third-Party Plaintiffs. State-Wide Insurance Company, Third-Party Defendant.

Supreme Court, Special Term, Kings County.

March 2, 1967


Attorney(s) appearing for the Case

Joseph P. Marcelle for defendants and third-party plaintiffs. Gordich & Cohen for third-party defendant.


BENJAMIN BRENNER, J.

Summary judgment is sought declaring that the third-party defendant, an insurer, is obligated to defend the defendants and third-party plaintiffs in the main action and to pay any judgment obtained against the latter.

The insurer has disclaimed under the contract of insurance, claiming that it was cancelled for nonpayment of premium prior to the date that the accident, or the basis for the primary action, occurred. The movants...

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