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SPILLANE v. LIBERTY MUT. INS. CO.

65 Misc.2d 290 (1970)

Terrance Spillane, Plaintiff, v. Liberty Mutual Insurance Co. et al., Defendants.

Civil Court of the City of New York, Trial Term, New York County.

November 24, 1970

Attorney(s) appearing for the Case

Paul L. Beck for plaintiff. Fogarty & Nielson (James Hockett of counsel), for Liberty Mutual Insurance Co., defendant. Gill & Sheehan (Gerald McMorrow of counsel), for Maryland Casualty Co., defendant.

FRANCIS N. PECORA, J.

The defendant, Liberty Mutual Insurance Co. ("Liberty") had insured one Peter J. Caputo against loss by theft of a 1966 Buick Riviera automobile, said vehicle bearing identification No. 494876 H 932744. His automobile was reported stolen. "Liberty", under its theft policy, paid Caputo for his loss and took from Caputo an assignment of his ownership of the car.

Thereafter, a 1966...

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