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ALEXANDER v. STONE

45 A.D.2d 216 (1974)

James D. Alexander, Individually and as Father of Richard E. Alexander, an Infant, Respondent, v. Earl Stone et al., Respondents, and Travelers Insurance Company, Appellant

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

July 5, 1974.

Attorney(s) appearing for the Case

Adams, Brown, Starrett & Maloney, P. C. (Edmund S. Brown, Jr., of counsel), for appellant.

Serotte, Hoffman, Serotte, Haley & Green (F. Lambert Haley of counsel), for James Alexander, respondent.

Miller, Bouvier, O'Connor & Cegielski (John W. Cegielski of counsel), for State Farm Mutual Automobile Insurance Company, respondent.

MARSH, P. J., SIMONS, GOLDMAN and DEL VECCHIO, JJ., concur.

WITMER, J.

Travelers Insurance Company (Travelers) appeals from a judgment declaring that State Farm Mutual Automobile Insurance Company (State Farm) was justified in disclaiming insurance coverage for its insured, Otis Mosley, because of his failure to co-operate in the defense of an action against him for injuries allegedly arising from the operation of his insured automobile, and further declaring that if...

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