DUNBAR v. DUNBAR


80 Misc.2d 744 (1975)

Anna B. Dunbar, Plaintiff, v. Anna B. Dunbar, as Executrix of Robert J. Dunbar, Deceased, Defendant.

Supreme Court, Special Term, Suffolk County.

January 10, 1975


Attorney(s) appearing for the Case

Lewis Friedman for plaintiff. Newman, O'Malley & Epstein for defendant. Burke, Curry, Hammill & O'Brien for Traveler's Insurance Co.


CHARLES R. THOM, J.

This is a motion by plaintiff seeking a determination declaring subdivision 3 of section 167 of the Insurance Law of the State of New York unconstitutional.

The facts alleged by plaintiff are as follows. On August 16, 1972 plaintiff, Anna B. Dunbar, was the wife of Robert J. Dunbar, deceased, and was a passenger in a motor vehicle owned and operated by Robert J. Dunbar. On that date...

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