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BERYLSON v. AM. SUR. CO.

30 Misc.2d 1093 (1961)

Kermit J. Berylson, Plaintiff, v. American Surety Company of New York, Defendant.

Supreme Court, Special Term, New York County.

October 3, 1961

Attorney(s) appearing for the Case

Gilbert & Segall (Harold R. Tyler, Jr., and Alan P. Colodny of counsel), for defendant. Brower, Brill & Gangel (Frederick Goldfeder of counsel), for plaintiff.

SAUL S. STREIT, J.

This is a motion by defendant for summary judgment. The action is upon two liability insurance policies (sometimes referred to as malpractice policies) issued by defendant to Joseph S. Herbert & Company, a firm of certified public accountants. Plaintiff, a former member of the insured firm, sues on these policies to recover the sum of $42,500, his alleged legal expenses and costs to defend against a criminal

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