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STATE FARM INS. v. WESTLAKE

43 A.D.2d 314 (1974)

State Farm Mutual Automobile Insurance Company, Respondent, v. James Westlake, Appellant, and Robert Christ et al., Respondents

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

January 14, 1974.

Attorney(s) appearing for the Case

Siben & Siben (Bernard M. Rosen of counsel), for appellant.

Curtis, Hart & Zaklukiewicz (Edward J. Hart of counsel), for State Farm Mutual Automobile Company, respondent.

MARTUSCELLO, Acting P. J. and BRENNAN, J., concur with SHAPIRO, J.; BENJAMIN, J., dissents and votes to modify the judgment as indicated in an opinion; MUNDER, J., dissents and votes to modify the judgment as indicated in an opinion.

SHAPIRO, J.

In this action for a declaratory judgment upon an agreed statement of facts, defendant James Westlake appeals from a judgment of the Special Term in Nassau County which declared that the plaintiff insurer is not obligated to defend or indemnify him under the automobile policy which it issued to him (State Farm Mut. Auto. Ins. Co. v. Westlake, 74 Misc.2d 604<...

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