PATTENGELL v. WELSH


81 A.D.2d 831 (1981)

Craig Pattengell, an Infant, by His Mother and Natural Guardian, Catherine Van Tassell, et al., Respondents, v. Robert Welsh, an Infant, by His Mother and Natural Guardian, Lynn R. Welsh, et al., Defendants, and American Consumer Insurance Co., Appellant

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

May 4, 1981


Order reversed, on the law, with $50 costs and disbursements, and appellant's motion for summary judgment is granted.

The only way the infant defendant could be covered under the policy issued by defendant insurance company to defendant Howard Cox is if said infant was "in the care of" defendant Cox or if defendant Cox was married to the infant's mother. Plaintiffs failed to produce evidence to indicate that the infant's mother, Lynn Welsh, was the spouse of Howard...

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