ORISINI v. NATIONWIDE MUT. INS.


35 A.D.2d 238 (1970)

Michael J. Orisini et al., Respondents, v. Nationwide Mutual Insurance Company, Respondent; Empire Mutual Insurance Company, Appellant, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 12, 1970.


Attorney(s) appearing for the Case

Alfred C. Saunders (Philip Hoffer of counsel), for appellant.

Carusone & Carusone (John J. Carusone of counsel), for Nationwide Mutual Insurance Company, respondent.

Carroll & Amyot (J. Raymond Amyot of counsel), for Michael J. Orisini and another, respondents.

HERLIHY, P. J., STALEY, JR., GREENBLOTT and SWEENEY, JJ., concur.


REYNOLDS, J.

These are appeals from a declaratory judgment of the Supreme Court, Saratoga County, holding a policy of automobile liability insurance issued by appellant Empire Mutual Insurance Company [Empire] to be in full force on June 3, 1968 and from an order of the same court denying a motion for a rehearing and reconsideration of its declaratory judgment.

On June 3, 1968 an automobile owned by Howard...

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