Hertz Corp. v. Bellin
| Decision Date | 02 November 1967 |
| Citation | 28 A.D.2d 1101,284 N.Y.S.2d 140 |
| Parties | The HERTZ CORPORATION, as successor in interest to Atlantic National Insurance Company, Plaintiff-Respondent, v. Daniel J. BELLIN, Martin L. Rudman and Daniel F. Goodstein, copartners doingbusiness under the trade name and style of Supreme Gem Paper & Twine Co., GemCorrugated Box Corp., Defendants, and The Travelers Insurance Company, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
D. A. Ticktin, New York City, for plaintiff-respondent.
D. F. Salkaln, New York City, for defendant-appellant.
Before BOTEIN, P.J., and EAGER, CAPOZZOLI, RABIN and McGIVERN, JJ.
Judgment in favor of plaintiff in this declaratory judgment action, unanimously reversed, on the law and on the facts, complaint dismissed and judgment awarded to defendant, The Travelers Insurance Company, for the relief prayed for in its counterclaim, with $50 costs and disbursements to appellant. The accident for which the defendant partnership was sued occurred while one of said partnership's employees was in the course of 'loading and unloading' a vehicle, as provided for and covered by the Combination Automobile Policy of Insurance issued by plaintiff's predecessor. The term 'loading and unloading' covers 'the entire operation of making commercial pickups and deliveries * * *' (Wagman v. American Fidelity & Casualty Co., 304 N.Y. 490, 494, 109 N.E.2d 592, 594). The employee's return to the truck with his empty dolly for the purposes of further unloading and delivering was 'part and parcel of (the process of) unloading, and the unloading was not completed until delivery was effected and it was not completed at the time of the accident' (Travelers Inc. Co. v. W. F. Saunders & Sons, 18 A.D.2d 126, 128, 238 N.Y.S.2d 495, 497, aff'd 13 N.Y.2d 1019, 245 N.Y.S.2d 597, 195 N.E.2d 308). Settle order on notice.
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