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KINCAID v. SIMMONS

66 A.D.2d 428 (1979)

Curtis Kincaid, Respondent, v. John R. Simmons et al., Defendants Hazel Kincaid, Respondent, v. John R. Simmons et al., Defendants Donald A. Harris, Defendant and Third-Party Plaintiff-Respondent, v. Lumbermens Mutual Casualty Company, Third-Party Defendant-Appellant

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

February 28, 1979

Attorney(s) appearing for the Case

Greene, Hershdorfer & Sharpe (Victor J. Hershdorfer of counsel), for third-party defendant-appellant.

Breed, Wilson & Orenstein (Albert Orenstein of counsel), for defendant and third-party plaintiff-respondent.

Mancuso & Ventre (Frank Ventre of counsel), for Curtis Kincaid and another, respondents.

CARDAMONE, J. P., SCHNEPP, DOERR and MOULE, JJ., concur.

CALLAHAN, J.

Lumbermens Mutual Casualty Co. appeals from a Special Term order which denied its motion for summary judgment to dismiss the complaint of its insured, Donald A. Harris. A comprehensive general liability policy had been issued by Lumbermens to protect Harris while engaged as a subcontractor specializing in framing houses. It obligated the company to pay all sums, within limits, for which the insured...

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