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TRAVELERS INS. v. ST. PAUL FIRE

126 Misc.2d 528 (1984)

Travelers Insurance Company, Plaintiff, v. St. Paul Fire and Marine Insurance Company, Defendant.

Supreme Court, Special Term, Albany County.

December 6, 1984

Attorney(s) appearing for the Case

Lyons, Pentak, Brown & Tobin for plaintiff. Donohue, Donohue & Sabo, P. C., for defendant.

VINCENT G. BRADLEY, J.

The plaintiff moves pursuant to CPLR 3212 for summary judgment in this action for a declaratory judgment on the issues of motor vehicle liability coverage. Most of the salient facts giving rise to this action are uncontroverted.

Clara T. Masterson was the owner of a vehicle insured by the plaintiff, the Travelers Insurance Company (Travelers). On December 26, 1980, the insured's husband, Donald Masterson, was operating his...

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