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OHIO CAS INS CO v. CON INS CO

101 Misc.2d 452 (1979)

Ohio Casualty Insurance Company, Plaintiff, v. Continental Insurance Company et al., Defendants.

Supreme Court, Erie County.

October 29, 1979.

Attorney(s) appearing for the Case

Saperston, Day, Lustig, Gallick, Kirschner & Gaglione, P. C. (Neil Goldberg of counsel), for plaintiff. Fudeman & Renaldo (Irving Fudeman of counsel), for Continental Insurance Company, defendant. Swan, Fitch & Pembroke (Julian Fitch of counsel), for University of Rochester, defendant. Robert Abrams, Attorney-General (Arnold Galbo of counsel), for State of New York.

RUDOLPH U. JOHNSON, J.

Plaintiff Ohio Casualty Insurance Company (Ohio Casualty), pursuant to CPLR 3001 and 3212, seeks an order of this court declaring and determining the rights of the parties herein and granting summary judgment against the defendant, the Continental Insurance Company (Continental). Both defendants cross-move for similar relief.

The underlying facts are generally agreed upon.

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