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JOHNSON v. GEN. MUT. INS. CO.

24 N.Y.2d 42 (1969)

Robert Johnson, an Infant, by Arthur Johnson, His Guardian ad Litem, et al., Plaintiffs-Respondents, v. General Mutual Insurance Company, Respondent-Appellant, and Edward F. Kucskar, Appellant-Respondent. Gerard Johnson, an Infant, by Arthur Johnson, His Guardian ad Litem, et al., Plaintiffs-Respondents, v. General Mutual Insurance Company, Respondent-Appellant, and Edward F. Kucskar, Appellant-Respondent. General Mutual Insurance Company, Defendant and Third-Party Plaintiff-Appellant, v. Agent's Service Corp. et al., Third-Party Defendants-Respondents.

Court of Appeals of the State of New York.

Decided February 20, 1969.

Attorney(s) appearing for the Case

James E. Brearton for appellant-respondent.

E. Edan Spencer and Walter Feller for respondent-appellant and third-party plaintiff-appellant.

Francis J. Holloway and Warner M. Bouck for plaintiffs-respondents.

John T. DeGraff, Jr. for Agent's Service Corp., third-party defendant-respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING and JASEN concur.

BREITEL, J.

Involved are an appeal and cross appeals on summary judgment, and the assessment of damages at a nonjury trial, in declaratory judgment actions arising out of an automobile accident and the wrongful cancellation of liability insurance covering the driver owner. The insured driver owner (Kucskar) appeals from the order of the Appellate Division, reducing his recovery against the insurer (General Mutual...

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