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MATTER OF GUARDIAN LIFE INS. CO. v. BOHLINGER

308 N.Y. 174 (1954)

In the Matter of Guardian Life Insurance Company of America, Appellant, v. Alfred J. Bohlinger, as Superintendent of Insurance of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided December 31, 1954

Attorney(s) appearing for the Case

James B. Donovan, MacNeil Mitchell, Daniel J. Reidy and Clarke S. Ryan for appellant.

Robert M. Benjamin for Life Insurance Association of America, amicus curiæ, in support of appellant's position.

Nathaniel L. Goldstein, Attorney-General (Samuel A. Hirshowitz and Wendell P. Brown of counsel), for respondent.

LEWIS, Ch. J., CONWAY, DESMOND, DYE and FROESSEL, JJ., concur with FULD, J.; VAN VOORHIS, J., concurs in result in a separate memorandum.

FULD, J.

In this Article 78 proceeding, we are called upon to decide whether certain action taken by the Superintendent of Insurance is subject to judicial review.

To purchase real estate as an investment (Insurance Law, § 81, subd. 7, par. [h]), a domestic insurance company does not require the Superintendent's approval, while, to acquire real estate for use in its own business, such approval is...

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