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LOCATION AUTO CORP. v. LEMBO CORP.

62 Misc.2d 856 (1970)

Location Auto Leasing Corp., Plaintiff, v. Lembo Corp. et al., Defendants.

Supreme Court, Special Term, Nassau County.

April 22, 1970

Attorney(s) appearing for the Case

Newman & O'Malley for plaintiff. Cooper, Abrams & Herman for Lembo Corp. and another, defendants. Alexander, Ash, Schwartz & Cohen for Michigan Mutual Liability Company, defendant.

BERNARD S. MEYER, J.

In this action for declaratory judgment, plaintiff moves for summary judgment. The papers establish that plaintiff leased a Chevrolet automobile to Lembo Corp. (the name of which was subsequently changed to W. D. Boccard & Sons, Inc.) under a lease which provided in part that the automobile "shall be operated by * * * licensed drivers who must be over the age of 25 years". With the permission...

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