LEUDEMANN v. PRUDENTIAL PROP. & CAS. INS. CO.


51 N.Y.2d 828 (1980)

Marion Leudemann et al., Respondents, v. Prudential Property and Casualty Insurance Company et al., Defendants and Third-Party Plaintiffs-Appellants. Douglas A. Quinn et al., Third-Party Defendants-Respondents. (And Another Action.)

Court of Appeals of the State of New York.

Decided October 14, 1980.


Attorney(s) appearing for the Case

Norman H. Dachs for appellant.

Donald W. Leo for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, summary judgment granted to defendants and the certified question answered in the negative.

Under the terms of the insurance policy held by Marion Leudemann, her son, Richard, was covered for accidents while driving a "non-owned * * * private passenger automobile or trailer". A private passenger automobile is defined in the policy as ...

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