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HARTFORD ACCIDENT & INDEM. CO. v. ZOOK

53 A.D.2d 661 (1976)

Hartford Accident and Indemnity Company, Respondent, v. Diane Zook et al., Appellants, et al., Defendants

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

June 21, 1976

Judgment reversed insofar as appealed from, on the law and the facts, with costs, and complaint dismissed.

The issues raised by this action are the same as those raised in defendant Hartford's answer in Zook v Hartford Acc. & Ind. Co. (53 A.D.2d 667). As all of the plaintiff's rights can be determined in the aforementioned action, this suit was superfluous. It should, therefore, be dismissed (cf. Utica Mut. Ins. Co...

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