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BARRIOS v. DADE COUNTY OF STATE OF FLORIDA

No. 69 Civil 2428.

310 F.Supp. 744 (1970)

Juana BARRIOS, Maria Rosado and Candido Rosado, Plaintiffs, v. DADE COUNTY OF the STATE OF FLORIDA, the Dade County Port of Authority, and The Travelers Insurance Company and The Travelers Indemnity Company a/k/a The Travelers, Defendants.

United States District Court S. D. New York.

January 7, 1970.

Attorney(s) appearing for the Case

Melvin W. Knyper, New York City, for plaintiffs, Howard Schaerf, New York City, of counsel.

Haight, Gardner, Poor & Havens, New York City, for defendants, Douglas B. Bowring, New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

This case in one aspect presents still another variant of the much-discussed and oft-criticized Seider v. Roth decision1 of the New York Court of Appeals — here a direct action against the insurer in the absence of a direct action statute either in New York or the state of occurrence of the accident.

Plaintiffs, residents of New York, commenced this action in the New York...

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