MESSING v. NATIONWIDE MUT. INS. CO.


42 A.D.2d 1030 (1973)

Herbert H. Messing, Appellant, v. Nationwide Mutual Insurance Co. et al., Respondents

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

October 26, 1973


Order unanimously reversed, with costs, motion for summary judgment granted and matter remanded to Supreme Court, Niagara County to ascertain damages.

Memorandum:

Plaintiff-appellant brought this action against defendants-respondents Nationwide Mutual Insurance Company (Nationwide) and its agent Noblin to recover damages for the theft of his automobile. Respondent Nationwide in its answer admitted that it has issued

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