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PEOPLE v. STANDARD ACCIDENT INS. CO.

13 N.Y.2d 751 (1963)

The People of the State of New York, Respondent-Appellant, v. Standard Accident Insurance Company, Appellant, and Elaine & Heyward Bar and Restaurant, Inc., Respondent.

Court of Appeals of the State of New York.

Decided June 6, 1963.

Attorney(s) appearing for the Case

N. A. Markowitz and George F. Blake for appellant.

Louis J. Lefkowitz, Attorney-General (Philip Watson and Paxton Blair of counsel), for respondent-appellant.

David Gale for respondent.

Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI. Dissent: Judge DYE.

Judgment modified, with costs to appellant Standard, and complaint dismissed as to it upon the ground that the action was not brought within the time conditioned by the bond and that such defense is available to it and, as so modified, affirmed, with costs to respondent Elaine & Heyward. We pass upon no other question. No opinion.

Judge DYE dissents and votes to affirm upon the ground that the surety is liable under the provisions of section 112 of...

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