COMMERCIAL SUP. CORP. v. ALLSTATE INS. CO.


36 A.D.2d 412 (1971)

Commercial Pipe & Supply Corporation, Appellant, v. Allstate Insurance Company, Respondent

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

May 20, 1971.


Attorney(s) appearing for the Case

Ohlin, Damon, Morey, Sawyer & Moot (George M. Gibson of counsel), for appellant.

Phelps, Gray, Mansour & Hewitt (Benjamin N. Hewitt of counsel), for respondent.

DEL VECCHIO, J. P., MARSH, GABRIELLI and MOULE, JJ., concur.


HENRY, J.

Plaintiff appeals from a summary judgment dismissing its complaint in an action to recover the expenses of defending a personal injury action which plaintiff claims defendant was obligated to defend by the terms of defendant's liability policy covering the tractor-trailer which was being unloaded when the personal injuries were sustained.

On January 23, 1961, one Huff was injured while unloading...

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