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REKEMEYER v. EMPIRE INS.

60 A.D.2d 492 (1978)

Ann M. Rekemeyer et al., Appellants, v. Empire Mutual Insurance Company, Respondent, et al., Defendant. (Action No. 1.) Empire Mutual Insurance Company, Respondent, v. Ann M. Rekemeyer et al., Appellants, et al., Defendants. (Action No. 2.)

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

January 26, 1978

Attorney(s) appearing for the Case

Donohue, Bohl, Clayton & Komar, P. C. (Myron Komar of counsel), for appellants.

Viger & Armstrong (Robert Armstrong of counsel), for respondent.

MAIN, MIKOLL and HERLIHY, JJ., concur; KANE, J., not taking part.

GREENBLOTT, J. P.

Defendant Andrus sued appellants for damages sustained in an automobile accident on September 6, 1966. Respondent insurance company refused to defend in the action. Both respondent and appellants brought declaratory judgment actions to determine their rights and obligations under an insurance contract. The actions were joined for trial and venue laid in Albany County. Supreme Court held that...

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