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DAIRYLEA COOP. v. ROSSAL

96 A.D.2d 136 (1983)

Dairylea Cooperative, Inc., Plaintiff, and Lumbermens Mutual Casualty Company, Respondent, v. Robert Rossal et al., Individually and Doing Business as R & H Hauling, et al., Defendants, and Aetna Casualty and Surety Company, Appellant. (Action No. 1.) Aetna Casualty and Surety Company, Appellant, v. Lumbermens Mutual Casualty Company, Respondent. (Action No. 2.)

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

November 3, 1983

Attorney(s) appearing for the Case

Ryan, Kerr, Dall Vechia & Roach (Jeffrey K. Anderson and John T. Dall Vechia of counsel), for appellant.

Granik, Silverman, Sandberg, Kirschner, Campbell & Nowicki (David W. Silverman and Carolyn A.M. Campe of counsel), for respondent.

KANE, J. P., MAIN, CASEY and MIKOLL, JJ., concur.

YESAWICH, JR., J.

This appeal has its genesis in a personal injury action in which the Selthafners claimed their damages were caused by virtue of the operation of a milk tank truck registered in the name of Dairylea Cooperative, Inc., and driven by an agent or employee of R & H Hauling. A verdict in favor of the Selthafners was subsequently compromised by settlement in the total amount of $315,000. Releases...

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