Service Station, Inc. v. Maryland Casualty Co.

This is a motion by the plaintiff to strike the answer and for summary judgment. The action is for a declaratory judgment that the defendant insurance company under a contract of insurance has a duty to defend plaintiff against a certain cause of action and pay on behalf of plaintiff any and all sums which plaintiff shall become legally obligated to pay as damages within the limits of the said policy on account of that cause of action.

On November 9,1962, the plaintiff was served with a summons and complaint in the Civil Court of the City of New York, County of Queens, which alleged that by…