UTICA MUT. INS. CO. v. CHERRY


68 Misc.2d 514 (1971)

Utica Mutual Insurance Company, Plaintiff, v. Allen R. Cherry et al., Defendants.

Supreme Court, Orange County.

December 29, 1971


Attorney(s) appearing for the Case

Vander Voort, Cline & Mac Vean for plaintiff. Malcolm J. Cary for Allen R. Cherry, defendant. Seymour Greenblatt for Patricia J. Rice, defendant.


JOHN W. SWEENY, J.

Plaintiff Utica Mutual Insurance Company moves for summary judgment seeking to have itself declared not obligated under its liability insurance policy issued to defendant Cherry herein.

On April 26, 1967 defendant Cherry while operating a pick-up truck struck and killed Charles J. Rice.

As a result of this incident Cherry was subsequently indicted and later found guilty by a jury of the crime of manslaughter in the first...

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