MID-CITY SHOPPING v. CONS. MUT. INS.


58 Misc.2d 997 (1969)

Mid-City Shopping Center, Inc., et al., Plaintiffs, v. Consolidated Mutual Insurance Company, Defendant.

Supreme Court, Special Term, Albany County.

January 21, 1969


Attorney(s) appearing for the Case

Ainsworth, Sullivan, Tracy & Knauf for defendant. Donohue, Bohl, Clayton & Komar for plaintiffs.


HAROLD E. KOREMAN, J.

This is a motion by the defendant for an order dismissing the complaint herein on the ground that the relief sought is not the proper remedy, dismissing the causes of action alleged by each of the plaintiffs, and for summary judgment in favor of defendant pursuant to CPLR 3211 (subd. [c]). The action is one for a declaratory judgment that plaintiff Mid-City Shopping Center, Inc., is an insured under a liability policy issued by defendant...

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