Argued October 4, 1971
Decided October 20, 1971
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, MARSHALL E. LIVINGSTON, J.
Albert Averbach for appellants.
Dwight J. Huffman for respondent.
Order affirmed, without costs; no opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.
Full title:PEERLESS INSURANCE COMPANY, Respondent, v. FRANK L. SEARS, JR., Also Known…
Court:Court of Appeals of the State of New York
Date published: Oct 20, 1971
In at least two authoritative cases presenting facts quite similar to those before this court, the insurer…
Nationwide Mutual Insurance v. Grahamarked and not moving, and that Graham was not present when Davis fell. Over a year later, however, after…