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AETNA CAS & SUR. v. LAURIA

54 A.D.2d 183 (1976)

Aetna Casualty and Surety Company, Respondent, v. Joseph S. Lauria, as Administrator of The Estate of Mark Lauria, Deceased, et al., Appellants

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

November 5, 1976

Attorney(s) appearing for the Case

Martoche, Collesano, Abramowitz & Geller (Stanely Collesano of counsel), for Joseph S. Lauria, appellant.

Richard D. Yellen and Jaeckle, Fleischmann & Mugel (J. Edmund DeCastro of counsel), for Clayton Eldridge, appellant.

Schaus & Schaus (Maynard Schaus of counsel), for respondent.

MARSH, P. J., MOULE, DILLON and GOLDMAN, JJ., concur.

WITMER, J.

Defendants appeal from an order at Special Term granting plaintiff's motion for a trial preference in its action for declaration of the rights of the parties under an automobile insurance policy issued by plaintiff to defendant Frederick C. Brice, and denying the cross motion of defendant Clayton Eldridge, individually and as administrator of the estate of Norma F. Eldrige, deceased, for a stay or dismissal of the complaint.

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