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GLUCK v. LONDON & LANCASHIRE INDEM. CO. OF AM.

2 N.Y.2d 953 (1957)

Helen Gluck, as Administratrix of The Estate of Carl Gluck, Deceased, Respondent, v. London & Lancashire Indemnity Company of America, Appellant.

Court of Appeals of the State of New York.

Decided April 4, 1957.

Attorney(s) appearing for the Case

Joseph Kane and Edward Pacelli for appellant.

Nathaniel Rothstein for respondent.

Concur: CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL and BURKE, JJ. VAN VOORHIS, J., dissents and votes to reverse and to dismiss the complaint upon the ground that recovery is precluded by failure to give written notice of loss as required by the terms of the insurance policy.

Order affirmed and judgment absolute ordered against defendant on the stipulation, with costs in all courts...

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