Downey v. Merchants Mutual Insurance

The court below dismissed plaintiff’s action for judgment declaring that defendant is legally obligated to defend her and is liable to pay any judgment which Mary Saracina and husband may recover against her in the negligence action they have brought against plaintiff and the City of Buffalo. It appears that plaintiff’s husband was employed by the City of Buffalo and had the use of one of its automobiles upon its business. He permitted the plaintiff to drive it on July 29,1965, and while doing so she was involved in an accident with a vehicle driven by Mary Saracina, who then, with her…