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COSMOPOLITAN INS. v. B. & O. R. R.

37 Misc.2d 219 (1962)

Cosmopolitan Mutual Insurance Company et al., Plaintiffs, v. Baltimore & Ohio Railroad Co. et al., Defendants.

Supreme Court, Special and Trial Term, New York County.

November 2, 1962

Attorney(s) appearing for the Case

Emanuel Morgenbesser for plaintiff. Millard N. Bush for defendant.

JOSEPH A. GAVAGAN, J.

Submission of controversy between insurers on an agreed statement of facts.

On November 17, 1958, the plaintiff, Rosenbaum, insured under an automobile policy issued by Cosmopolitan, drove his truck to Pier 52, North River, to deliver some merchandise to the receiving office. The facilities at this pier were operated, maintained and controlled by the defendant, Baltimore & Ohio...

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