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HARTFORD ACCIDENT & INDEM. CO. v. SMITH

43 N.Y.2d 808 (1977)

Hartford Accident and Indemnity Company, Respondent, v. Caroline Smith, Individually and as Mother and Natural Guardian of Enid Smith, an Infant, and Another, Respondent. Caroline Smith, Individually and as Mother and Natural Guardian of Enid Smith, an Infant, and Another, Respondent, v. Barbara J. Lusk, Appellant, et al., Defendant.

Court of Appeals of the State of New York.

Decided December 19, 1977.

Attorney(s) appearing for the Case

Joseph J. Buderwitz, Jr., and Alfred E. Page, Jr., for appellant.

Thomas N. O'Hara for petitioner-respondent.

Concur: Chief Judge BREITEL and Judges JASEN, WACHTLER, FUCHSBERG, COOKE, GABRIELLI and JONES.

Order affirmed, with costs, on the memorandum at the Appellate Division (54 A.D.2d 958). In view of this disposition it is not necessary to consider the issue presented in Phoenix Ins. Co. v Guthiel (2 N.Y.2d 584).

Judges GABRIELLI and JONES concur in the following memorandum: We concur in result only. Rather than requiring the courts below to strain their powers of imagination and to stretch...

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