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GRAZIANO v. INDEM. INS. CO. OF N. AM.

1 N.Y.2d 817 (1956)

Joseph Graziano et al., Individually and as Copartners Doing Business as Joseph Graziano Company, Respondents, v. Indemnity Insurance Company of North America, Appellant.

Court of Appeals of the State of New York.

Decided May 31, 1956.

Attorney(s) appearing for the Case

Samuel Gottesman and Harold H. Wolgel for appellant.

Herbert M. Balin for respondents.

Concur: CONWAY, Ch. J., DYE, FROESSEL, VAN VOORHIS and BURKE, JJ. DESMOND and FULD, JJ., dissent and vote to reverse upon the ground that the condition is a valid and enforcible one.

Order affirmed, with costs. Question certified answered in the affirmative...

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