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UTICA MUT. INS. v. EMPLOYERS INS. CO.

57 Misc.2d 764 (1968)

Utica Mutual Insurance Company, Plaintiff, v. Employers Mutual Liability Insurance Company of Wisconsin et al., Defendants.

City Court of Utica.

August 7, 1968

Attorney(s) appearing for the Case

Gorman & Waszkiewicz (Robert Lutz of counsel), for plaintiff. O'Shea, Griffin, Jones & McLaughlin (David Hurd of counsel), for Employers Mutual Liability Insurance Co. of Wisconsin, defendant. Kernan & Kernan (James Morgan of counsel), for Transamerica Insurance Company, defendant.

HAROLD H. HYMES, J.

This is a motion for summary judgment brought by the defendants to dismiss the complaint and a cross motion by the plaintiff for summary judgment in its favor.

The plaintiff is the insurance carrier for an emloyer whose employee was injured on a construction job on November 11, 1955. Plaintiff paid medical expenses and compensation for the employee in the amount of $494.56. On November...

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