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TRAVELERS IND. CO. v. GAITINGS

61 Misc.2d 558 (1969)

Travelers Indemnity Company, Plaintiff, v. Francis Gaitings et al., Defendants.

Supreme Court, Special Term, Schuyler County.

December 19, 1969

Attorney(s) appearing for the Case

John F. Gates for plaintiff. A. H. Harpending for Francis Gaitings, defendant. Paul R. Taylor for James R. Summerson, defendant. Osco W. Peterson for Mary E. Rapalee, as administratrix of estate of Daniel Rapalee, defendant. William G. Ruger for Jeannie Kaminski, defendant.

FREDERICK B. BRYANT, J.

The Travelers Indemnity Company in this action seeks a declaratory judgment determining (1) that it is not the insurer of a 1954 Chevrolet automobile owned by the defendant, Gaitings, and therefore is under no obligation to defend him in a pending action arising out of an accident which occurred on March 5, 1966; and (2) that at the time of such accident the said automobile was being...

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