ROSADO v. EVEREADY INS. CO.


34 N.Y.2d 43 (1974)

Josephine Rosado et al., Appellants, v. Eveready Insurance Company, Respondent; MVAIC, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided May 9, 1974.


Attorney(s) appearing for the Case

George Statfeld for Josephine Rosado and another, appellants.

Edgar T. Schleider, Robert G. Sheller and Morris L. Wolf for MVAIC, appellant.

Carole R. Moskowitz and Nathan Cyperstein for respondent.

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz and David R. Spiegel of counsel), for Superintendent of Insurance and Commissioner of Motor Vehicles of the State of New York, amici curiae.

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


STEVENS, J.

On April 8, 1967, plaintiffs were passengers in a car operated by defendant Efrain Morales, which was involved in an accident as a result of which plaintiffs allegedly suffered certain personal injuries. The car had been leased by Morales from defendant Abco Leasing Company, Ltd. (Abco), and was insured under a policy of insurance issued by Eveready Insurance Company (Eveready) to Abco. Sometime after...

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