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MIRABILE v. FITZMAURICE

59 Misc.2d 239 (1969)

Paula Mirabile, an Infant, et al., Plaintiffs, v. Joseph P. Fitzmaurice, an Infant, et al., Defendants.

Supreme Court, Special Term, Kings County.

March 27, 1969

Attorney(s) appearing for the Case

Jordan H. Rosenberg for plaintiffs. Reid, Devlin, Grubbs & Jackness for defendants.

LOUIS B. HELLER, J.

In this negligence action, plaintiffs obtained jurisdiction of the defendants by the attachment of defendants' liability insurance policy issued by the Phoenix Assurance Co. of New York on the authority of Seider v. Roth (17 N.Y.2d 111).

Plaintiffs now move for an order directing the Phoenix Assurance Co. of New York to furnish plaintiffs...

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