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TRUCK RENTAL v. N.H. INS. CO.

75 A.D.2d 426 (1980)

Albany Truck Rental Service, Inc., Also Known as Albany Truck Rentals, Appellant, v. New Hampshire Merchants Insurance Company, Inc., et al., Respondents, and Travelers Indemnity Company, Appellant

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

July 3, 1980

Attorney(s) appearing for the Case

Lyons, Pentak, Brown & Tobin (William J. Pentak and Kenneth L. Golden of counsel), for Albany Truck Rental Service, Inc., appellant.

Hubert D. Miles for Travelers Indemnity Company, appellant.

Lamb & Wilkin (Edward A. McMahon of counsel), for New Hampshire Merchants Insurance Company, Inc., respondent.

Robert Abrams, Attorney-General (Vernon Stuart, Shirley Adelson Siegel and Jeremiah Jochnowitz of counsel), for David L. Sinnamon, respondent.

MAHONEY, P. J., SWEENEY, KANE and HERLIHY, JJ., concur.

CASEY, J.

On October 28, 1974, a tractor trailer being driven on the New York State Thruway by the defendant David L. Sinnamon overturned and killed Michael L. Bennekin, the passenger. The tractor was owned by the plaintiff Albany Truck, but had been leased to the New York State Department of Correctional Services (Department). At the time of the accident, both Bennekin and Sinnamon were coemployees of the Department...

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