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CHILDREN'S HOSP. OF BUFFALO v. EMPLOYERS REINSURANCE CORP.

84 A.D.2d 933 (1981)

Children's Hospital of Buffalo, Plaintiff, v. Employers Reinsurance Corporation, Respondent, and Paul A. Ruefli, Individually and as Parent and Natural Guardian of Esther Ruefli, an Infant, Appellant

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

November 13, 1981

Order unanimously affirmed, without costs.

Memorandum:

Plaintiff and codefendant Ruefli appeal from the dismissal of Ruefli's motion for summary judgment in a declaratory judgment action against plaintiff's insurance company, Employers Reinsurance (Employers). The issues on this appeal involve the timeliness of Employers' disclaimer and the rights of the injured party (Ruefli) against the insurance company. The motion for summary judgment was properly denied...

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