STATE OF N. Y. v. AETNA CAS. & SUR. CO.


72 Misc.2d 455 (1972)

State of New York, Plaintiff, v. Aetna Casualty and Surety Company, Defendant.

Supreme Court, Trial Term, Albany County.

November 20, 1972


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Kenneth J. Connolly of counsel), for plaintiff. Carter, Conboy, Bardwell & Case (Forrest N. Case, Jr., of counsel), for defendant.


EDWARD S. CONWAY, J.

This is an action by the State of New York for declaratory judgment which seeks an order requiring defendant to undertake the defense of a claim under a contract of insurance issued to plaintiff by defendant, and further requiring the defendant to pay all sums which plaintiff may become obligated to pay as damages under the insurance contract.

The facts are not in dispute. The defendant...

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