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  5. 19 N.Y.2d 730 (1967)
 

BROOKLYN E. DIST. TERMINAL v. PHOENIX OF HARTFORD INS. CO.

19 N.Y.2d 730 (1967)

Brooklyn Eastern District Terminal, Appellant, v. Phoenix of Hartford Insurance Company, Respondent.

Court of Appeals of the State of New York.

Decided March 2, 1967.

Attorney(s) appearing for the Case

Brendan C. Kelly for appellant.

Richard J. Burke and John E. Morris for respondent.

Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN, KEATING and BREITEL concur.

MEMORANDUM.

Plaintiff seeks a judgment declaring that defendant insurer is required (a) to defend an action for personal injury brought against plaintiff; and (b) to pay within its stated coverage any judgment in that action. The complaint in this action alleges that the insurance coverage in respect of a truck included "all users" of the truck and "all persons engaged in the loading and unloading thereof". It also alleges that the injured person has commenced an...

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