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AM NATL FIRE INS CO. v. LEVY

156 Misc.2d 608 (1992)

594 N.Y.S.2d 118

American National Fire Insurance Company, Plaintiff, v. Baron O. Levy et al., Defendants.

Supreme Court, Queens County.

May 21, 1992

Attorney(s) appearing for the Case

Augello, Pezold & Hirschmann, P. C., Huntington (George Carl Pezold of counsel), for Baron O. Levy and another, defendants. Leo Gilberg, New York City, for Alan Hughes, defendant. Klebanoff & Klebanoff, West Hempstead, for Chris Collins and another, defendants. Becker, Achiron & Isserlis, Lynbrook (Tara A. LaBella of counsel), for Eagle Insurance Company, defendant. Leona Jochnowitz, Albany, for New York State Department of Transportation, amicus curiae. Gottesman, Wolgel, Secunda, Malamy & Flynn, New York City (Lawrence L. Flynn and Edith T. Sullivan of counsel), for plaintiff.

JOAN MARIE DURANTE, J.

In this declaratory judgment action, defendant Eagle Insurance Company (hereinafter Eagle) moves for summary judgment. Plaintiff American National Fire Insurance Co. and defendants Baron O. Levy and Queens Van Plan, Inc. (hereinafter QVP) cross-move for summary judgment.

Defendant QVP operates as a common carrier of passengers under a certificate of public convenience and necessity...

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