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AETNA CAS v. MERCHS. MUT

78 A.D.2d 176 (1980)

Aetna Casualty and Surety Company, Appellant, v. Merchants Mutual Insurance Company, Respondent

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

December 31, 1980

Attorney(s) appearing for the Case

Leonard & Mellon (A. Michael Gebo of counsel), for appellant.

Urfirer & Brooks (James M. Brooks of counsel), for respondent.

MAHONEY, P. J., MAIN, MIKOLL and HERLIHY, JJ., concur.

GREENBLOTT, J.

Plaintiff insured A. Cappione, Inc., the owner of a tractor which leased a trailer insured by the defendant. On August 25, 1975, while driving the tractor trailer combination, an employee of A. Cappione, Inc. was involved in an accident near Berlin, Vermont. The tractor trailer, registered and garaged in New York, collided with three cars: a Maine car with five Maine residents, a Quebec car with...

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