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SCHAEFER v. FID. & CAS. CO.

203 Misc. 633 (1953)

Hugo Schaefer, Respondent, v. Fidelity and Casualty Company of New York, Appellant.

Supreme Court, Appellate Term, Second Department.

April 9, 1953.

Attorney(s) appearing for the Case

John S. Thorp, Jr., for appellant.

Robert L. Horn for respondent.

WALSH, CUFF and UGHETTA, JJ., concur.

Per Curiam.

This is an action against a liability insurance company brought pursuant to paragraph (b) of subdivision 1 of section 167 of the Insurance Law, following recovery by plaintiff of a judgment for personal injury and property damage against defendant's insured which has been unsatisfied because of disclaimed liability where defendant interposed the single defense of cancellation of the insured's policy prior to the accident.

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