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FARMERS FIRE v. KINGSBURY

118 Misc.2d 735 (1983)

Farmers Fire Insurance Company, Plaintiff, v. Rick Kingsbury et al., Defendants. (Action No. 1.) David Kingsbury, Plaintiff, v. Utica Mutual Insurance Company et al., Defendants. (Action No. 2.)

Supreme Court, Delaware County.

April 13, 1983

Attorney(s) appearing for the Case

Bouck, Holloway & Kiernan for plaintiff in Action No. 1. Coughlin & Gerhart for Utica Mutual Insurance Company, defendant in Action No. 2. Paternoster, Estes & O'Leary for David Kingsbury and others, defendants in Action No. 1. Kennedy & Shank for Jan Kingsbury, defendant. Rick Kingsbury, defendant pro se.

ROBERT A. HARLEM, J.

In these consolidated declaratory judgment actions, each insurance carrier moves for summary judgment under CPLR 3212.

On July 7, 1978, at the home of Rick and Jan Kingsbury, an injury was suffered by David Kingsbury while helping his brother, Rick Kingsbury, replace a bald spare tire to be used on the car of Jan Kingsbury. The tire was obtained from the father of Rick Kingsbury...

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