STONE v. AGRIC. INS. CO.


76 Misc.2d 1021 (1973)

Donald Stone, Plaintiff, v. Agricultural Insurance Co., Defendant.

Supreme Court, Special Term, Albany County.

November 2, 1973


Attorney(s) appearing for the Case

Carter, Conboy, Bardwell & Case (Frank T. Mahady of counsel), for defendant. Brownstein & Garvey (Jerome D. Brownstein of counsel), for plaintiff.


JOHN L. LARKIN, J.

The defendant moves herein for an order pursuant to CPLR 3212 for summary judgment dismissing the complaint. The plaintiff moves, by cross motion, for an order granting summary judgment to the plaintiff and declaring that the defendant has a duty to defend the plaintiff and further determining that the plaintiff is covered under the terms of an insurance contract with the defendant.

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