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LUMBERMENS CAS v. ALLSTATE

97 Misc.2d 229 (1978)

Lumbermens Mutual Casualty Company, Plaintiff, v. Allstate Insurance Company et al., Defendants.

Supreme Court, Special Term, New York County.

November 30, 1978

Attorney(s) appearing for the Case

Barry, McTiernan, Moore & Siracuse (John Moore of counsel), for plaintiff. Hauptman & Composto (Dorothy Vivas of counsel), for Allstate Insurance Company and another, defendants. Gair, Gair & Conason for Seymour Hoffman and another, defendants.

MAX BLOOM, J.

This action flows from a controversy between two excess coverage insurers over which is liable for payment to two persons injured in an automobile accident.

On December 27, 1974, a mishap occurred on Pilot Knob Road, Fort Ann, New York, in which Seymour Hoffman, an infant, and Gary Loeb, passengers in an automobile driven by defendent Jack Tantleff, were injured. Action was brought which...

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