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DOWNEY v. MERCHS. MUT. INS.

30 A.D.2d 171 (1968)

Mary Downey, Appellant, v. Merchants Mutual Insurance Company, Respondent

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

June 24, 1968.

Attorney(s) appearing for the Case

Francis X. Murphy for appellant.

Gleason & O'Connor (Raymond V. O'Connor of counsel), for respondent.

BASTOW, P. J., DEL VECCHIO, MARSH, WITMER and HENRY, JJ., concur.

Per Curiam.

The court below dismissed plaintiff's action for judgment declaring that defendant is legally obligated to defend her and is liable to pay any judgment which Mary Saracina and husband may recover against her in the negligence action they have brought against plaintiff and the City of Buffalo. It appears that plaintiff's husband was employed by the City of Buffalo and had the use of one of its automobiles...

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