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WALTER S. KOZDRANSKI CO., INC. v. JAMESTOWN MUT. INS. CO.

34 N.Y.2d 542 (1974)

Walter S. Kozdranski Co., Inc. et al., Respondents, v. Jamestown Mutual Insurance Company, Appellant-Respondent; Carolyn S. Jensen, as Administratrix of The Estate of Walter M. Jensen, Deceased, Respondent, and Gross Plumbing & Heating Co., Inc. et al., Appellants.

Court of Appeals of the State of New York.

Decided February 21, 1974.

Attorney(s) appearing for the Case

Arthur N. Seiff for Gross Plumbing & Heating Co., Inc. and another, appellants.

Raymond T. Miles for appellant-respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs, on the appeals of Public Service Mutual and its insured Gross, and the two appeals taken by Jamestown Mutual dismissed, without costs. On the main appeals by Public Service Mutual and its insured, the terms "lessee or borrower" in Public Service's policy included the leasing of the truck and driver to Kozdranski and it is not determinative...

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