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PENNSYLVANIA INS. v. AUSTIN CO.

125 Misc.2d 804 (1984)

Pennsylvania General Insurance Company, as Subrogee of Anthony J. Krupa, Plaintiff, v. Austin Power Company et al., Defendants.

Supreme Court, Erie County.

September 11, 1984

Attorney(s) appearing for the Case

Hurwitz & Fine (Sheldon Hurwitz of counsel), for Bison Ford Truck Sales, defendant. Cox, Barrell, Walsh, Roberts & Grace (Peter J. Murrett, III, of counsel), for Austin Power Company and another, defendants. Brown, Kelly, Turner, Hassett & Leach (William E. Nitterauer of counsel), for plaintiff.

VINCENT E. DOYLE, J.

Motion by Bison Ford Truck Sales (Bison) for an order pursuant to CPLR 3212 directing summary judgment on the ground that the lease between defendant Austin Power Company (Austin) and defendant Bison require defendant Austin to indemnify defendant Bison for all losses that occur while defendant Austin has possession of the leased truck. Cross motion by defendant Austin and defendant Leonard Rinker (Rinker) for an order pursuant to...

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