COLBERT v. HOME IND. CO.


35 A.D.2d 326 (1970)

Raymond Colbert, Jr., Appellant, v. Home Indemnity Company et al., Respondents

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

December 3, 1970.


Attorney(s) appearing for the Case

Milo Thomas (Charles S. Desmond of counsel), for appellant.

Hickey & McHugh (E. James Hickey of counsel), for respondents.

GOLDMAN, P. J., MARSH, MOULE and HENRY, JJ., concur.


GABRIELLI, J.

As a result of injuries sustained in a one-car automobile accident Aleck Whatley recovered a verdict against the plaintiff herein in the amount of $225,000. Plaintiff's insurance carrier (defendants herein) paid the $10,000 policy limit to Whatley and received a partial satisfaction of judgment. Thereafter, plaintiff commenced this action for the balance of the verdict recovered against him, alleging...

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