Judgment unanimously reversed, on the law, with costs, and judgment entered in favor of plaintiff against Merchants Mutual Ins. Co.
Memorandum:
In 1968 defendant, Perdue Trucking Service, Inc. (Perdue), leased a truck to defendant Ohio Fast Freight, Inc. (Ohio). In May, 1969 the truck was involved in an accident in the City of Buffalo and plaintiff commenced this action against Ohio, Perdue and the driver of the truck, Thomas Cunningham. The parties agreed...
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