GREATER N. Y. TAXPAYERS MUT. INS. ASSN. v. SCOTT


196 Misc. 419 (1949)

Greater New York Taxpayers Mutual Insurance Association, Plaintiff, v. Ethel Scott et al., Defendants.

Supreme Court, Trial Term, New York County.

October 10, 1949.


Attorney(s) appearing for the Case

Irving Segal and Alexander E. Rosenthal for plaintiff.

Benjamin Wilensky for Ethel Scott, defendant.


VALENTE, J.

The plaintiff insurance company seeks a declaratory judgment that it is not required under the policy of insurance it issued to the defendant Ethel Scott to defend the action brought against this defendant by the defendant Lillian Stein as administratrix of the estate of Sidney Stein, deceased. The plaintiff's contention is that the accident and injuries which resulted in the death of the said Sidney Stein do not come within

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