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United States Fidelity Guar. Co. v. Franklin

Appellate Division of the Supreme Court of New York, Second Department
Jan 14, 1974
43 A.D.2d 844 (N.Y. App. Div. 1974)

Opinion

January 14, 1974


In an action for a declaratory judgment, plaintiff appeals from an order-judgment of the Supreme Court, Westchester County, dated June 15, 1973, which, on plaintiff's motion for summary judgment, rendered a declaration that plaintiff "is required to furnish a defense and insurance coverage to" defendant Jerry A. Franklin for claims of indemnification of the defendants Buckner and Callier for injuries sustained by Franklin's wife, defendant Carrie Franklin. Order-judgment affirmed, with $20 costs and disbursements (see State Farm Mut. Auto. Ins. Co. v. Westlake, 43 A.D.2d 314 [decided herewith]). Hopkins, Acting P.J., Shapiro, Christ and Brennan, JJ., concur; Benjamin, J., dissents and votes to reverse and to grant plaintiff's motion, upon the grounds stated in his dissenting opinion in State Farm Mut.. Auto. Ins. Co. v. Westlake ( 43 A.D.2d 314 [decided herewith]). [ 74 Misc.2d 506.]


Summaries of

United States Fidelity Guar. Co. v. Franklin

Appellate Division of the Supreme Court of New York, Second Department
Jan 14, 1974
43 A.D.2d 844 (N.Y. App. Div. 1974)
Case details for

United States Fidelity Guar. Co. v. Franklin

Case Details

Full title:UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellant, v. JERRY A…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 14, 1974

Citations

43 A.D.2d 844 (N.Y. App. Div. 1974)