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WILKERSON v. APOLLON

81 A.D.2d 141 (1981)

Carolyn Wilkerson, Appellant, v. Fritz Apollon, Defendant, and Lion Insurance Company et al., Respondents

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

June 16, 1981

Attorney(s) appearing for the Case

Paul Greenfield of counsel (Gottlieb, Feldman, Greenfield & Bergman, attorneys), for appellant.

Edgar L. Sheller of counsel (Sheller & Sheller, attorneys), for Motor Vehicle Accident Indemnification Corporation, respondent.

Henry Cernitz of counsel (Melvin Pasternack, attorney), for the Lion Insurance Company, respondent.

BIRNS, SANDLER, BLOOM and FEIN, JJ., concur.

MURPHY, P. J.

On March 29, 1975, plaintiff Wilkerson was struck by a vehicle owned by Fritz Apollon. The operator of the vehicle fled and was never identified. Wilkerson brought suit against Apollon. However, Lion Insurance Company refused to defend Apollon because his policy had allegedly been canceled effective as of February 24, 1975. Eventually, Wilkerson brought this action for judgment declaring that Lion...

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