UTICA MUT. INS. v. CHERRY


45 A.D.2d 350 (1974)

Utica Mutual Insurance Company, Respondent, v. Allen R. Cherry, Appellant, et al., Defendant

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

July 15, 1974.


Attorney(s) appearing for the Case

Malcolm J. Carey for appellant.

Vandervoort, Cline & MacVean (V. Frank Cline of counsel), for respondent.

CHRIST, BRENNAN, BENJAMIN and MUNDER, JJ., concur.


HOPKINS, Acting P. J.

The plaintiff issued a liability insurance policy covering a truck owned by the defendant Allen Richard Cherry. An action was brought against Cherry by the defendant Patricia J. Rice, as administratrix of the estate of Charles J. Rice, deceased, for wrongful death. This declaratory judgment action was then instituted for an adjudication that the plaintiff is relieved of all obligations under...

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