MTR. OF DINGSOR v. MERCHS. MUT.


72 Misc.2d 862 (1973)

In the Matter of Kathy Dingsor (Formerly Filutowski), Claimant, et al. v. Merchants Mutual Insurance Company, Respondent.

Supreme Court, Trial Term, Schenectady County.

February 7, 1973


Attorney(s) appearing for the Case

Nicholas D. Morsillo for claimant. Borst, Smith, O'Loughlin, Smith & Abbey (Donald F. Smith of counsel), for Merchants Mutual Insurance Company, respondent.


GUY A. GRAVES, J.

In a trial for personal injuries against the owner of a motor vehicle in which plaintiff Kathy Filutowski Dingsor, then 17 years old, was riding as a passenger, the jury found no cause for action on the grounds the vehicle was being operated without the express or implied permission of the owner.

By stipulation and on an agreed statement of facts, the trial court ordered this court to resolve the sole question of whether coverage...

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