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MT VERNON INS v. TRAV IND

63 A.D.2d 254 (1978)

Mount Vernon Fire Insurance Company, Appellant, v. Travelers Indemnity Company et al., Respondents

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

July 18, 1978

Attorney(s) appearing for the Case

Martin S. Rothman of counsel (Richard Godosky and Robert B. Marcus with him on the brief; Weiss, Molod, Berkowitz & Godosky, attorneys), for appellant.

James A. Magee of counsel (McLaughlin, Simone & Lawler, attorneys), for the Travelers Indemnity Company and another, respondents.

Bernard Meyerson of counsel (Samuel Spevack, attorney), for Gino Trotta, respondent.

KUPFERMAN, J. P., MARKEWICH and SULLIVAN, JJ., concur with YESAWICH, J.; LUPIANO, J., dissents in an opinion.

YESAWICH, JR., J.

This declaratory judgment action arises out of a motor vehicle accident which occurred when a tractor and trailer operating in tandem, and owned by defendant Smolowitz Brothers Van Lines, Inc., collided with a vehicle driven by one Gino Trotta. Following this incident Trotta, who allegedly sustained bodily injuries, instituted a negligence action against Smolowitz. Defendant, the Travelers Indemnity...

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