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CAPRA v. LUMBERMENS MUT. CAS.

37 A.D.2d 190 (1971)

Ross J. Capra, Jr., et al., Respondents-Appellants, v. Lumbermens Mutual Casualty Co., Appellant-Respondent, and Public Service Mutual Insurance Co., Respondent

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

July 13, 1971.

Attorney(s) appearing for the Case

J. Raymond Quinn for respondents-appellants.

Friedman, Ladd & Maksail (Harold A. Friedman of counsel), for appellant-respondent.

Katz & Gantman (Donohue, Bohl, Clayton & Komar, by Myron Komar, of counsel), for respondent.

REYNOLDS, J. P., GREENBLOTT, COOKE and SIMONS, JJ., concur.

SWEENEY, J.

These are appeals by the defendant Lumbermens Mutual Casualty Company from (1) a judgment entered August 12, 1970 in Schenectady County granting summary judgment in favor of plaintiffs; (2) an order, entered July 20, 1970 in said county, denying a motion for summary judgment dismissing the complaint and granting the cross motion of plaintiff for summary judgment against defendant Lumbermens Mutual...

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