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NAT'L SUR. CORP. v. SILVER

17 N.Y.2d 477 (1965)

National Surety Corporation, Respondent, v. Rodger M. Silver, Appellant.

Court of Appeals of the State of New York.

Decided December 30, 1965.

Attorney(s) appearing for the Case

Benjamin Weberman for appellant.

Samuel Komoroff for respondent.

Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS and BERGAN. Judges DYE, BURKE and SCILEPPI dissent and vote to affirm.

Order of Appellate Division reversed, without costs, and that of Special Term reinstated, for the reasons stated by Justice EAGER in his dissenting opinion at the Appellate...

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