American Mutual Liability Insurance v. Niagara Mohawk Power Corp.

Defendants and third-party plaintiffs move for an order directing summary judgment in their favor against plaintiff American Mutual Liability Insurance Company (hereinafter referred to as “American”) pursuant to CPLB 3212.

*941On August 30, 1960 Vincent D’Amico was accidentally killed while allegedly in the employ of Torrington Construction Company. Shortly thereafter American, the workmen’s compensation insurance carrier for the alleged employer, made medical payments in the amount of $71.05. Subsequently, and on March 22, 1962, American gave notice to the mother of the deceased that if action…