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MORGAN v. GREATER N. Y. TAXPAYERS MUT. INS. ASSN.

305 N.Y. 243 (1953)

James Morgan, Appellant, v. Greater New York Taxpayers Mutual Insurance Association, Respondent.

Court of Appeals of the State of New York.

Decided April 16, 1953

Attorney(s) appearing for the Case

Alexander Chananau, Harold G. Aron and William Merritt for appellant.

Alexander E. Rosenthal and Irving Segal for respondent.

LOUGHRAN, Ch. J., LEWIS, DESMOND, FULD and FROESSEL, JJ., concur with CONWAY, J.; DYE, J., dissents in a memorandum.

CONWAY, J.

Plaintiff holds an unsatisfied judgment against Murray Cronin and Morris Leventhal, as copartners, for damages for personal injuries and has brought this action, under paragraph (b) of subdivision 1 of section 167 of the Insurance Law, to recover the amount of that judgment from defendant, Cronin's insurer.

The facts, which are not in dispute, are as follows: Cronin and Leventhal owned and operated...

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