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GOV'T EMPLOYEES INS. v. MIZELL

36 A.D.2d 452 (1971)

Government Employees Insurance Company, Respondent, v. Ralph P. Mizell et al., Defendants; Joyce V. Swota et al., Appellants. (Action No. 1.) Government Employees Insurance Company, Respondent, v. Utica Mutual Insurance Company, Appellant. (Action No. 2.)

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

May 20, 1971.

Attorney(s) appearing for the Case

Johnson, Reif & Mullan (Thomas Farrell of counsel), for Joyce V. Swota and others, appellants.

Culley, Marks, Corbett, Jordan, Tanenbaum & Reifstock (William Marks of counsel), for Geraldine DeLucia, defendant.

Winchell, Connors & Corcoran (Charles A. Hall of counsel), for respondent.

DEL VECCHIO, J. P., WITMER, GABRIELLI, CARDAMONE and HENRY, JJ., concur.

Per Curiam.

The judgment appealed from declared that plaintiff canceled its liability policy insuring defendant Ralph Mizell against liability before his automobile collided with an automobile owned by defendant-appellant Swota and that, therefore, it did not afford insurance protection to Mizell or anyone alse arising out of the accident occurring on November 22, 1965.

Plaintiff notified Mizell on October...

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