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  5. 3 N.Y.2d 990 (1957)
 

MATTER OF PREFERRED ACCIDENT INS. CO. OF NEW YORK

3 N.Y.2d 990 (1957)

In the Matter of the Liquidation of Preferred Accident Insurance Company of New York. Leffert Holz, as Superintendent of Insurance, Liquidator of Preferred Accident Insurance Company of New York, Respondent; New Amsterdam Casualty Company, Appellant.

Court of Appeals of the State of New York.

Decided December 5, 1957.

Attorney(s) appearing for the Case

John P. Walsh, James B. Donovan, DeRoy C. Thomas, Thomas A. Harnett and Patrick J. Hughes for appellant.

Alfred C. Bennett and Isaac Goldstein for respondent.

Concur: Chief Judge CONWAY and Judges DYE, FULD, FROESSEL, VAN VOORHIS and BURKE. Judge DESMOND dissents and votes to reverse upon the ground that neither section 538 of the Insurance Law nor any other statute or discoverable public policy (see Matter of Rhinelander, 290 N.Y. 31, 36) makes this contractual provision invalid.

Order affirmed, with costs. Question certified not answered...

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