LUMBERMENS CAS v. BARNETT


91 Misc.2d 3 (1977)

Lumbermens Mutual Casualty Company, Plaintiff, v. Kenneth Barnett et al., Defendants.

Supreme Court, Erie County.

July 21, 1977


Attorney(s) appearing for the Case

Brownstein, Canale, Madden & Burke (Howard V. Burke of counsel), for plaintiff. McKenna, Brady, & Levi (Robert E. Levi of counsel), for Kenneth Barnett and another, defendants. Dixon & DeMarie for Gary Monnier, defendant.


JOHN H. DOERR, J.

Plaintiff, having heretofore commenced an action for declaratory judgment against the defendants, now moves, inter alia, for summary judgment herein.

It is well settled that the threshold qualification for such relief is met when, as here, no factual dispute separates the parties.

All agree that on September 7, 1974, defendant Kenneth Barnett while operating his motor vehicle...

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