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MICHAELS v. CITY OF BUFFALO

158 Misc.2d 478 (1993)

601 N.Y.S.2d 388

Robert P. Michaels, as Administrator of The Estate of John Michaels, Deceased, Plaintiff, v. City of Buffalo et al., Defendants. Memorial Ambulance Service, Inc., Third-Party Plaintiff, v. Lumbermen's Mutual Casualty Company, Third-Party Defendant.

Supreme Court, Erie County.

August 3, 1993

Attorney(s) appearing for the Case

Hurwitz & Fine, P. C. (Dan D. Kohane of counsel), for third-party defendant. Magavern & Magavern for plaintiff. Laurence K. Rubin, Corporation Counsel of Buffalo, for City of Buffalo, defendant. Volgenau & Bosse (Diane F. Bosse of counsel), for Memorial Ambulance Service, Inc., defendant and third-party plaintiff.

JOSEPH D. MINTZ, J.

Third-party defendant is the insurer of third-party plaintiff under a policy of automobile insurance covering third-party plaintiff's ambulances. Third-party defendant moves for summary judgment dismissing the third-party action and declaring that it has no duty to defend or indemnify third-party plaintiff in the main action. Third-party plaintiff cross-moves for summary judgment declaring...

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