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Crilley v. Allstate Insurance Co.

Supreme Court, Appellate Term, Second Department
Jun 22, 1966
50 Misc. 2d 1028 (N.Y. App. Term 1966)

Opinion

June 22, 1966

Appeal from the Civil Court of the City of New York, County of Queens, ABRAHAM R. MARGULIES, J.

Speiser, Shumate, Geoghan Krause (William L. Shumate of counsel), for appellant.


In view of the determination in another action that defendant's policy did not insure against liability for injuries to plaintiff's wife, from whom he was separated ( Crilley v. Allstate Ins. Co., 18 A.D.2d 1012, affd. 15 N.Y.2d 821), defendant was under no obligation to defend her action against him and is not responsible for any legal expenses incurred by plaintiff in such defense ( Goldberg v. Lumber Mutual Cas. Ins. Co., 297 N.Y. 148, 154.)

The judgment and order should be unanimously reversed, with $10 costs to defendant, motion denied and summary judgment granted to defendant dismissing the complaint.

Concur — GROAT, RITCHIE and BECKINELLA, JJ.

Judgment and order reversed, etc.


Summaries of

Crilley v. Allstate Insurance Co.

Supreme Court, Appellate Term, Second Department
Jun 22, 1966
50 Misc. 2d 1028 (N.Y. App. Term 1966)
Case details for

Crilley v. Allstate Insurance Co.

Case Details

Full title:DANIEL CRILLEY, Respondent, v. ALLSTATE INSURANCE CO., Appellant

Court:Supreme Court, Appellate Term, Second Department

Date published: Jun 22, 1966

Citations

50 Misc. 2d 1028 (N.Y. App. Term 1966)
271 N.Y.S.2d 484