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ESTATE OF COURTNEY v. DRYDEN

13-070.

41 Misc.3d 721 (2013)

971 N.Y.S.2d 695

2013 NY Slip Op 23322

Estate of RANDALL S. COURTNEY, Deceased, by GEORGE A. COURTNEY, SR., Administrator, Plaintiff, v. DRYDEN MUTUAL INSURANCE COMPANY, Defendant.

Supreme Court, Cortland County.

Decided September 24, 2013.

Attorney(s) appearing for the Case

Williamson, Clune & Stevens, Ithaca ( John Alden Stevens of counsel), for plaintiff.

Hiscock & Barclay, LLP, Rochester ( Joseph A. Wilson of counsel), for defendant.

OPINION OF THE COURT

PHILLIP R. RUMSEY, J.

Plaintiff is the administrator of the estate of Randall Courtney. He commenced this action seeking a declaratory judgment that defendant is required to defend and indemnify him in an action that arises from an accident that claimed the lives of Randall Courtney and his wife, Margaret Courtney. The Courtneys died on September 18, 2011, when a farm tractor that they owned and were riding together — with Randall...

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