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OTSEGO MUT. FIRE INS. CO. v. DARBY

79 Misc.2d 80 (1974)

Otsego Mutual Fire Insurance Company, Plaintiff, v. John H. Darby et al., Defendants.

Supreme Court, Fulton County.

July 25, 1974

Attorney(s) appearing for the Case

Rossi, Cohen & Durso (Vincent J. Rossi of counsel), for plaintiff. Salmon & Wilkinson (Carl S. Salmon of counsel), for John H. Darby and others, defendants. Borst, Smith & Tocker (Donald F. Smith of counsel), for George Scunziano, Jr., defendant. Bouck, Holloway & Kiernan (Raymond S. Zierak of counsel), for Trustees of the Board of Education, defendant.

ARTHUR C. AULISI, J.

In this action tried before the court without a jury, plaintiff seeks a judgment declaring (1) that it properly disclaimed under a homeowner's policy of insurance issued by it to the defendants John H. Darby and Charlotte Darby, his wife, with respect to an incident involving their son, the defendant Dennis Darby, an infant, and the defendant, George Scunziano, Jr., also an infant, and (2...

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