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LALOMIA v. BANKERS INS. CO.

58 Misc.2d 530 (1968)

Laurence Lalomia et al., Plaintiffs, v. Bankers & Shippers Insurance Company et al., Defendants.

Supreme Court, Special Term, Suffolk County.

December 26, 1968

Attorney(s) appearing for the Case

Shayne, Dachs, Weiss, Kolbrenner & Levy (Peter Kolbrenner of counsel), for plaintiffs. Gill & Sheehan (James J. Gill of counsel), for Maryland Casualty Company. Walter C. Marshall for Liberty Mutual Ins. Co. John J. Kennelly for Joseph Frascella, defendant. Curtis, Hart & Munro (Reid A. Curtis of counsel), for Bankers & Shippers Insurance Company, defendant. Marvin, Montfort, Healy, McGuire & Salley (E. Richard Rimmels, Jr., and Joseph C. Henney of counsel), for Insurance Company of North America, defendant. Carl V. Cafran for Daniel Maddock, defendant.

JOHN P. COHALAN, JR., J.

This is an action for a declaratory judgment. Plaintiffs seek to establish that the individual defendants (Maddock and Frascella) or either of them maintained on June 5, 1966 a policy of insurance covering them for an unusual and fatal accident that happened on that day.

Michael Maddock, deceased, a 12-year-old boy, came to his death, — as did Jean Lalomia, plaintiff's...

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