RAIA v. COOK


75 Misc.2d 610 (1973)

Joseph Raia et al., Plaintiffs, v. Edith Cook et al., Defendants. Joseph Raia, Third-Party Plaintiff, v. Merchants Mutual Insurance Company, Third-Party Defendant.

Supreme Court, Orange County.

November 27, 1973


Attorney(s) appearing for the Case

Vincent Geraci for third-party plaintiff. Vandervoort, Cline & MacVean for third-party defendant.


JOHN W. SWEENY, J.

This is a motion by the third-party defendant for summary judgment dismissing the third-party complaint on the ground that it is barred by subdivision 3 of section 167 of the Insurance Law.

The third-party action seeks a judgment declaring that the plaintiff husband (driver of the vehicle in collision with defendant's vehicle) is entitled to full protection under his automobile liability...

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