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SCHWARTZ v. LIPKIN & SON

76 A.D.2d 141 (1980)

Helen Schwartz, Respondent, v. S. Lipkin & Son, Inc., Defendant and Third-Party Plaintiff-Appellant. Joseph Schwartz, Third-Party Defendant-Respondent. (And a Fourth-Party Action.)

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

July 21, 1980

Attorney(s) appearing for the Case

Montfort, Healy, McGuire & Salley (E. Richard Rimmels, Jr., of counsel), for appellant.

Kelner & Kelner (Robert S. Kelner of counsel), for respondent.

MANGANO, MARGETT and MARTUSCELLO, JJ., concur.

TITONE, J. P.

In this negligence action to recover damages for personal injuries, defendant-third-party plaintiff appeals from so much of an order of the Supreme Court, Nassau County, as dismissed the third-party complaint.

The question on appeal is whether an insurance carrier, which is exempt from providing coverage to a plaintiff's culpable insured spouse under subdivision 3 of section 167 of the...

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