EPSTEIN v. KERNON


68 Misc.2d 29 (1971)

Alan Epstein, Plaintiff, v. Mathilde M. Kernon, Defendant and Third-Party Plaintiff. Shamrock Casualty Company, Third-Party Defendant.

Civil Court of the City of New York, New York County.

November 9, 1971


Attorney(s) appearing for the Case

Harvey S. Kirsch for plaintiff. Jaye & McNerny for defendant and third-party plaintiff. MacCarthy, Schutz & Mulholland for third-party defendant.


IRVING YOUNGER, J.

This motion illuminates an anomaly in our insurance laws which, so far as my research discloses, has gone unnoticed until now.

Epstein sued Kernon for damages arising out of an accident which happened when Kernon, a passenger in a taxicab, opened the cab's door into the path of Epstein's car. A collision ensued.

Kernon has lodged a third-party complaint against Shamrock Casualty...

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