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DUPREY v. SEC. MUT. CAS. CO.

43 Misc.2d 811 (1964)

Ruby Duprey, as Limited Administratrix of The Estate of Rose M. Duprey, Deceased, Plaintiff, v. Security Mutual Casualty Company, Defendant.

Supreme Court, Clinton County.

August 24, 1964

Attorney(s) appearing for the Case

O'Connell & Wolfe for plaintiff. Olin S. Nye for defendant.

HAROLD R. SODEN, J.

This is a motion for summary judgment. The pleadings present a legal question only.

On October 11, 1962, at about 7:30 A.M., Richard Ashline, age 20, defendant's insured, was driving his car southerly on New York State Highway Route 9 north of the City of Plattsburgh, New York. Rose Marie Duprey, age 20, and Lester Ashline, age 18, were riding as passengers. This two-lane State highway is

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