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STATE FARM v. VIGER

94 A.D.2d 592 (1983)

State Farm Mutual Automobile Insurance Company, Appellant, v. James T. Viger, Appellant, and Robert J. Armstrong, Respondent

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

July 14, 1983

Attorney(s) appearing for the Case

Bayer & Smith (Harold C. Bayer of counsel), for State Farm Mutual Automobile Insurance Company, appellant.

Carter, Conboy, Bardwell, Case & Blackmore for James T. Viger, appellant.

Morton D. Shulman for respondent.

MAHONEY, P. J., SWEENEY, KANE and CASEY, JJ., concur.

WEISS, J.

This is an action for attorney malpractice resulting from defendants' alleged negligence in representing plaintiff in an action for a declaratory judgment against plaintiff brought by one Robert S. Stewart concerning an issue of coverage under an automobile insurance policy. A default judgment in Stewart's favor was affirmed by this court (Stewart v State Farm Mut. Auto. Ins. Co.,

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