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Ross v. Pawtucket Mutual Insurance Company

Appellate Division of the Supreme Court of New York, Second Department
Jul 2, 1962
17 A.D.2d 641 (N.Y. App. Div. 1962)

Opinion

July 2, 1962


In an action by an insured against the insurer under a policy of automobile collision insurance, to recover for the damage caused to his (plaintiff's) automobile by a collision between that vehicle and one owned and operated by Tillie and Maurice Moss, respectively, the defendant and third-party plaintiff (insurer) appeals from an order of the Supreme Court, Nassau County, dated September 6, 1961, which dismissed its third-party complaint as insufficient in law, pursuant to rule 106 of the Rules of Civil Practice and section 193-a of the Civil Practice Act. The insurer served a third-party complaint on the third-party defendants Moss, alleging that the collision was caused solely by their negligence and not through any fault of the plaintiff, and that the contract of insurance which it issued to plaintiff provided that, in the event any payment for collision loss be made to plaintiff, the insurer would then be subrogated to any right which plaintiff might have against any third party. Order affirmed, without costs. No opinion. Beldock, P.J., Ughetta, Kleinfeld, Brennan and Hill, JJ., concur.


Summaries of

Ross v. Pawtucket Mutual Insurance Company

Appellate Division of the Supreme Court of New York, Second Department
Jul 2, 1962
17 A.D.2d 641 (N.Y. App. Div. 1962)
Case details for

Ross v. Pawtucket Mutual Insurance Company

Case Details

Full title:NAT ROSS, Plaintiff, v. PAWTUCKET MUTUAL INSURANCE COMPANY, Defendant and…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 2, 1962

Citations

17 A.D.2d 641 (N.Y. App. Div. 1962)