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BOYLIN v. BRANICKY

134 Misc.2d 549 (1987)

Joseph A. Boylin et al., Plaintiffs, v. John Branicky et al., Defendants. Allstate Insurance Company, Plaintiff, v. Joy Tomaski, as Administratrix of The Estate of David Tomaski, Deceased, Defendant.

Supreme Court, Erie County.

January 23, 1987

Attorney(s) appearing for the Case

Hagerty & Hagerty (Thomas V. Hagerty of counsel), for Joseph A. Boylin, plaintiff. Paul William Beltz, P. C. (Eli Ciambrone of counsel), for Patrick Stack, plaintiff. Grosse, Rossetti, Chelus & Herdzik, P. C. (Howard B. Cohen of counsel), for Allstate Insurance Company, plaintiff. Paul M. Michalek and Mary Donogher for John Branicky and another, defendants. Dixon, DeMarie & Schoenborn, P. C., for Joy Tomaski, defendant.

THOMAS P. FLAHERTY, J.

These declaratory judgment actions arise out of a July 15, 1980 vehicular accident involving an automobile operated by Patricia Bonn Branicky and owned by John Branicky (Branicky) and two motorcycles. Joseph Boylin (Boylin), the owner and operator of one of the motorcycles, sustained personal injuries. David Tomaski (Tomaski), the owner and operator of the second motorcycle, died as a...

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