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FID. & CAS. CO. v. RUSSELL

31 A.D.2d 4 (1968)

Fidelity and Casualty Company of New York, Respondent, v. Howard Russell et al., Appellants. (Action No. 1.) Fidelity and Casualty Company of New York, Respondent, v. R & R Cab Co., Inc., et al., Appellants. (Action No. 2.)

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

November 4, 1968.

Attorney(s) appearing for the Case

Becker, Card & Levy (Bruce O. Becker and Robert J. Smith of counsel), for Howard Russell and others, appellants.

Coughlin, Dermody & Guy (Robert J. Smith of counsel), for Motor Vehicle Accident Indemnification Corporation, appellant.

Kramer, Wales, Robinson & Stearns (Conrad E. Stearns of counsel), for respondent.

GIBSON, P. J., REYNOLDS, AULISI and GABRIELLI, JJ., concur.

HERLIHY, J.

The plaintiff insurance company commenced the above-entitled actions for judgments declaring it was not obligated to pay or defend liability claims of the defendants Buza and Okrepki pursuant to an insurance policy issued by it to the R & R Cab Co., Inc. in December of 1962.

The relevant facts are as follows: The R & R Cab Co., Inc. is a corporation engaged in buying taxicabs and leasing...

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