CRILLEY v. ALLSTATE INS. CO.


38 Misc.2d 371 (1963)

Daniel Crilley, Plaintiff, v. Allstate Insurance Company, Defendant.

Civil Court of the City of New York, Queens County.

January 3, 1963


Attorney(s) appearing for the Case

Peirez, Karmiol & Rosenthal (Abraham O. Chasser of counsel), for plaintiff. Shumate & Geoghan (William L. Shumate of counsel), for defendant.


CHARLES J. VALLONE, J.

This is a motion by the plaintiff for summary judgment pursuant to rule 113 of the Rules of Civil Practice. The pertinent facts are not in dispute and the question to be determined is one of law. Concisely stated, the pertinent facts are as follows: The plaintiff's spouse, while a passenger in her husband's vehicle, suffered injuries and brought an action against her husband to recover damages. The husband, in his moving affidavit...

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