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THEODORE v. HARTFORD ACC. & IND.

60 Misc.2d 991 (1969)

Joyce M. Theodore, as Administratrix of The Estate of Richard G. Kruse, Deceased, Plaintiff, v. Hartford Accident and Indemnity Company, Defendant.

Supreme Court, Special Term, Albany County.

October 16, 1969

Attorney(s) appearing for the Case

Gaffney & Hill for plaintiff. McCann, Ahern & Sommers for defendant.

A. FRANKLIN MAHONEY, J.

This is a motion for summary judgment in lieu of complaint (CPLR 3213). The action is based on a judgment in the sum of $32,985 obtained after inquest, the defendant having defaulted. The moving papers and those submitted in opposition raise an interesting question, the resolution of which requires a recitation of factual background.

Hartford Accident and Indemnity Company (hereinafter...

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