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GR AMER INS v. HARTFORD INS

97 Misc.2d 949 (1979)

Great American Insurance Company, Plaintiff, v. Hartford Insurance Company, Defendant.

Supreme Court, Erie County.

January 24, 1979

Attorney(s) appearing for the Case

Smith, Murphy & Schoepperle (Lynn G. Mitchell of counsel), for defendant. Miles, Cochrane, Gross, Rosetti & Chelus (Arthur A. Herdzek of counsel), for plaintiff.

RUDOLPH U. JOHNSON, J.

This matter was initiated by defendant's notice of motion for summary judgment requesting an order dismissing the plaintiff's complaint and directing summary judgment in favor of the defendant. The plaintiff in its answering affidavit requests similar relief.

The underlying cause of action is a suit commenced by the plaintiff on October 25, 1978 for declaratory judgment seeking

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