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PEOPLE v. PEERLESS INS. CO.

21 A.D.2d 609 (1964)

The People of the State of New York, Appellant, v. Peerless Insurance Company et al., Respondents

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

October 14, 1964.

Attorney(s) appearing for the Case

Richard H. Kuh of counsel (Michael R. Stack with him on the brief; Frank S. Hogan, District Attorney), for appellant.

Emanuel Thebner (Murray Brensilber with him on the brief), attorney for Peerless Insurance Company, respondent.

E. Edan Spencer, attorney for Public Service Mutual Insurance Company, respondent.

Sylvan Schwartz of counsel (Harry Salvan with him on the brief; Aaron Slavetsky, attorney), for Stuyvesant Insurance Company, respondent.

BOTEIN, P. J., VALENTE, McNALLY and STEVENS, JJ., concur.

BREITEL, J.

The People appeal from 57 orders granting motions made by professional compensated sureties to remit the forfeiture of bail of defendants in criminal actions for their nonappearance at the court-appointed times. It is urged that in none of these cases did the surety sustain its burden of proving exceptional circumstances and its further burden that the People had not suffered any loss of rights as...

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