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EMPLOYERS' LIAB. ASSUR. v. ARESTY

11 A.D.2d 331 (1960)

Employers' Liability Assurance Corporation, Ltd., Appellant, v. Joseph Aresty, Respondent, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 18, 1960.

Attorney(s) appearing for the Case

William F. McNulty of counsel (Hampton & Dietel, attorneys), for appellant.

Thomas P. O'Malley for respondent.

RABIN and EAGER, JJ., concur with STEVENS, J.; VALENTE, J., dissents and votes to affirm the denial of plaintiff's motion for summary judgment and grant judgment in favor of defendant-respondent dismissing the complaint in opinion, in which BOTEIN, P. J., concurs.

STEVENS, J.

This is an appeal from an order denying the plaintiff's motion for summary judgment. June 19, 1957 the plaintiff issued and delivered to defendant Joseph Aresty in New York an automobile liability insurance policy covering a 1951 Plymouth suburban car.

Subsequent to the issuance of the policy the assured moved to Connecticut. Thereafter and on or about September 10, 1957, a change of address...

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