HUERTAS v. PINO


143 Misc.2d 776 (1989)

Carmello Huertas, Plaintiff, v. Harry Pino et al., Defendants.

Supreme Court, Kings County.

May 19, 1989


Attorney(s) appearing for the Case

Pizzitola & DiBlasi (Harvey Kupferberg of counsel), for Allstate Insurance Company, defendant. Composto & Longo (Rosario Marquis D'Apice of counsel), for Harry Pino, defendant. Paul S. Mirman, P. C. (Jamie Rosenberg of counsel), for plaintiff.


ALAN L. LEBOWITZ, J.

In this personal injury action defendant Allstate Insurance Company seeks a declaration that it has no duty to defend or indemnify its insured, defendant Roche, for an accident which occurred on October 24, 1983 resulting in injuries to the plaintiff. A trial was held before this court without a jury on the framed issue: Whether the car involved in the accident, a 1976 Plymouth, was actually...

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