NATIONWIDE MUT. INS. CO. v. LIBERTY MUT. INS. CO.


55 A.D.2d 527 (1976)

Nationwide Mutual Insurance Company, Respondent, v. Liberty Mutual Insurance Company et al., Respondents, and Allstate Insurance Company, Appellant

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

December 6, 1976


Plaintiff-respondent and defendant-respondent F. Waterson shall recover of defendant-appellant one bill of $60 costs and disbursements of this appeal.

Silverman, J., dissents in the following memorandum:

Under prevailing authority, I think appellant Allstate is entitled, as a matter of law, to a declaration that it is not obligated to defend the principal action against Diane Markey or Francis Spinella because of the accident which occurred on...

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