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HARTFORD INS. v. MASTERNAK

55 A.D.2d 472 (1977)

Hartford Fire Insurance Company, Appellant, v. Bronislaus Masternak et al., Respondents, and Diana Masternak, Respondent-Appellant

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

January 21, 1977

Attorney(s) appearing for the Case

Smith, Murphy & Schoepperle (Frank Godson of counsel), for appellant.

Terry D. Smith (James M. DeVoy of counsel), for respondent-appellant.

Whitcher & Kelleran (Francis R. Whitcher of counsel), for respondents.

CARDAMONE, J. P., SIMONS, GOLDMAN and WITMER, JJ., concur. DILLON, J., not participating.

Per Curiam.

In this declaratory judgment action, plaintiff appeals from an order denying its motion for summary judgment under CPLR 3212, and defendant Diana Masternak cross-appeals from a denial of her motion for summary judgment.

The action seeks a declaration that the defendants Bronislaus Masternak and Dorothy Masternak (insureds) violated the terms and conditions of the insurance policy issued to them...

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