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BROWN v. FIREMAN'S FUND INS.

131 Misc.2d 525 (1986)

Douglas R. Brown et al., Plaintiffs, v. Fireman's Fund Insurance Company et al., Defendants.

Supreme Court, Erie County.

March 25, 1986

Attorney(s) appearing for the Case

Albrecht, Maguire, Heffern & Gregg, P. C. (Carol E. Heckman of counsel), for plaintiffs. Giardino, Maloy & Schober (John Giardino of counsel), for defendants.

JOSEPH D. MINTZ, J.

Plaintiffs move for summary judgment in their action under Executive Law § 396 (16) and § 297 (9). Defendants cross-move for summary judgment. The facts are not in dispute.

On September 25, 1982, plaintiff Douglas Brown was arrested and charged with violation of Vehicle and Traffic Law § 1192 (2) and (3) and § 1120 (a). On May 12, 1983, after trial, plaintiff...

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