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COOK v. CITY OF GENEVA

127 Misc.2d 261 (1985)

Janet L. Cook, an Infant, by Her Father, George Cook, et al., Plaintiffs, v. City of Geneva et al., Defendants. Hydrant Hose Company No. 1, Third-Party Plaintiff, v. Firemen's Fund Insurance Company, Third-Party Defendant.

Supreme Court, Ontario County.

February 7, 1985

Attorney(s) appearing for the Case

Bond & McDonald (William J. McDonald of counsel), for third-party plaintiff. Chamberlain, D'Amanda, Bauman, Chatman & Oppenheimer (Henry R. Ippolito of counsel), for third-party defendant. Gough, Skipworth, Summers, Eves & Trevett (Ronald J. Summers of counsel), for plaintiff.

DAVID O. BOEHM, J.

Third-party plaintiff, Hydrant Hose Company No. 1 (Hydrant), has brought this declaratory judgment action seeking a declaration that it is covered under the excess liability policy issued by the third-party defendant, Firemen's Fund Insurance Company (Firemen's Fund) to the City of Geneva (Geneva). Hydrant is now moving for summary judgment against Firemen's Fund.

The primary action was brought to recover for personal injuries...

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