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CAMPBELL v. TRAVELERS INS. CO.

35 A.D.2d 362 (1970)

Charles D. Campbell, as Administrator of The Estate of Bert W. Jock, Deceased, Appellant, v. Travelers Insurance Company, Respondent

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

December 15, 1970.

Attorney(s) appearing for the Case

Charles D. Campbell, appellant in person.

John B. Leonard for respondent.

REYNOLDS and STALEY, JR., JJ., concur with HERLIHY, P. J.; GREENBLOTT and SWEENEY, JJ., dissent and vote to reverse in a separate opinion.

HERLIHY, P. J.

This is an appeal by the plaintiff from a judgment following a trial without a jury which dismissed the complaint upon the merits.

The plaintiff's decedent was killed on July 6, 1958 while riding in an automobile owned by Lee S. Parker which was insured by the defendant. In 1959 an action was commenced against Parker, alleging that Parker was the operator of the automobile. The insurer...

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