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  5. 75 N.Y.2d 394 (1990)
 

PLANET INS. CO. v. BRIGHT BAY

75 N.Y.2d 394 (1990)

Planet Insurance Company, Respondent, v. Bright Bay Classic Vehicles, Inc., Doing Business as Budget Rent-a-Car, et al., Defendants, and Frank Catalano et al., Appellants. Jose Montez-Deoca, Appellant, v. Planet Insurance Company, Respondent.

Court of Appeals of the State of New York.

Decided March 27, 1990.

Attorney(s) appearing for the Case

Allan Ross for Frank Catalano, appellant.

Martin A. Lerner for Jose Montez-Deoca, appellant.

Warren A. Herland and Steven H. Kaplan for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER and BELLACOSA concur; Judge TITONE taking no part.

HANCOCK, JR., J.

We must decide whether a liability insurer under a fleet insurance policy covering rental automobiles leased for less than 12 months can properly disclaim coverage for an accident involving one of the rental cars which was leased for 24 months. This is the determinative question in the two declaratory judgment actions before us — one brought by the injured plaintiff and one by the insurance...

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