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TORCIVIA v. UNITED STATES FID. & GUAR. CO.

52 A.D.2d 944 (1976)

Benjamin F. Torcivia, as Administrator, et al., Respondents, v. United States Fidelity and Guaranty Company, Appellant, et al., Respondents, et al., Defendants. (Action No. 1.) John W. Ryan et al., Respondents, v. Allcity Insurance Company et al., Appellants, et al., Respondent, et al., Defendants. (Action No. 2.)

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

May 24, 1976

Judgment affirmed, with one bill of costs jointly to respondents Torcivia, Ryan and Allstate Insurance Company, appearing separately and filing separate briefs, payable jointly by appellants Allcity and United States Fidelity, on the opinion of Mr. Justice Lipetz at Special Term.

We observe that the issue of whether the driver of the automobile was operating it with the permission of its owner should have been determined...

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