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MATTER OF CULLEN v. HOLZ

2 Misc.2d 486 (1956)

In the Matter of Charles P. Cullen, as Treasurer of New York Fire Insurance Rating Organization, et al., Petitioners, v. Leffert Holz, as Superintendent of Insurance of the State of New York, et al., Respondents.

Supreme Court, Special Term, New York County.

April 17, 1956.

Attorney(s) appearing for the Case

Abraham Kaplan and Charles P. Butler for petitioners.

Jacob K. Javits, Attorney-General (Samuel A. Hirshowitz of counsel), for Leffert Holz, as Superintendent of Insurance, respondent.

Joseph M. Proskauer, Phillip W. Haberman, Jr. and George M. Shapiro of the New York Bar, and Henry S. Moser and George H. Kline of the Illinois Bar for Allstate Insurance Company, respondent.

MATTHEW M. LEVY, J.

New York Fire Insurance Rating Organization is an unincorporated association. (NYFIRO is its recognized alphabetical moniker, and so will it be called hereinafter.) NYFIRO has been engaged in promulgating fire insurance rates since prior to 1900, and, since the passage of the rating law in 1922, it has been and still is a statutory fire rating organization licensed under article VIII of the Insurance Law. Approximately 90% of all fire...

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