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SEA INS v. U.S. FIRE INS

71 A.D.2d 51 (1979)

Sea Insurance Company, Ltd., Appellant, v. U. S. Fire Insurance Company, Respondent

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

November 21, 1979

Attorney(s) appearing for the Case

Ainsworth, Sullivan, Tracy & Knauf (John E. Knauf of counsel), for appellant.

Wager, Taylor, Howd, Brearton & Kessler (James E. Brearton of counsel), for respondent.

MAHONEY, P. J., SWEENEY and HERLIHY, JJ., concur; KANE, J., concurs in the result only.

STALEY, JR., J.

On December 4, 1972, an automobile owned and operated by Virginia Pitcherale and insured by defendant U. S. Fire Insurance Company collided with an automobile owned and operated by Roberta M. Lyons and insured by plaintiff Sea Insurance Company. Thereafter, Roberta M. Lyons and her husband, Donald E. Lyons, commenced an action against Virginia Pitcherale to recover damages because of the injuries...

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