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MICHIGAN INS. v. CHRISTOPHER

66 A.D.2d 148 (1979)

Michigan Millers Mutual Insurance Company, Appellant-Respondent, v. E. John Christopher et al., Respondents; Nancy D. Drake, as Limited Administratrix of The Estate of Leo A. Drake, Jr., Deceased, Respondent-Appellant

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

January 25, 1979

Attorney(s) appearing for the Case

Brennan, Tesseyman, Zelman, Runfola, Brownstein & Loonsk (F. William Tesseyman of counsel), for appellant-respondent.

Cucci, Welch, Colicchio & Weinstein for E. John Christopher, respondent. (No brief or argument.)

Faraci, Guadagnino, Lange & Jons (Paul Lange of counsel), for Nancy D. Drake, respondent-appellant.

Quinn & McGary (David Quinn of counsel), for Village of Warsaw, respondent.

James W. Greene for County of Wyoming, respondent. (No brief or argument.)

SIMONS, HANCOCK, JR., SCHNEPP and WITMER, JJ., concur.

CARDAMONE, J. P.

E. John Christopher, insured under a homeowner's policy issued by Michigan Millers Mutual Insurance Co., was involved in an incident in his home on June 5, 1976 during which one Leo Alvin Drake, Jr., was fatally shot. As a result an action was commenced against him by Nancy D. Drake, as administratrix of her husband's estate, which alleged that Christopher's "negligence or culpable conduct" was...

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