NEPTUNE v. MacDOUGALL


28 Misc.2d 800 (1961)

Reginald Neptune, Plaintiff, v. Esther MacDougall et al., Defendants.

Supreme Court, Special Term, Queens County.

May 22, 1961


Attorney(s) appearing for the Case

Irving D. Josefsberg for plaintiff. Thomas E. Paterson for Esther MacDougall and another, defendants. Robert Hill Nix for Merchants Mutual Ins. Co., defendant.


HENRY J. LATHAM, J.

In an action for judgment declaring whether a policy of automobile insurance constitutes a binding and enforcible agreement between the defendants herein and for a direction that defendant Merchants Mutual Insurance Co. defend the lawsuit instituted against the defendants MacDougall, in accordance with the terms of the policy, plaintiff, who was allegedly injured in an accident, moves for summary judgment.

Defendant, Merchants...

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