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ROCK v. FID. & CAS. CO. OF NEW YORK

16 A.D.2d 823 (1962)

Edward B. Rock, Individually and as Administrator of The Estate of Beatrice L. Rock, Deceased, Appellant, v. Fidelity and Casualty Company of New York, Respondent

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

May 21, 1962

Order modified by striking out the first ordering paragraph granting defendant's motion for summary judgment, and by substituting therefor a paragraph denying such motion. As so modified, order affirmed, without costs.

The record discloses the existence of issues of fact which may not be decided summarily on motion (Cardinal Lbr. Co. v. Lincoln Park Bldrs. Supply, 8 A.D.2d 839). The plaintiff's affidavits (in support of his...

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