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NAT'L DAIRY PRODS. CORP. v. INS. CO. OF NORTH AM.

24 A.D.2d 955 (1965)

National Dairy Products Corporation, Respondent, v. Insurance Company of North America et al., Appellants

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

December 21, 1965

MEMORANDUM BY THE COURT.

Order granting plaintiff's motion for summary judgment, and judgment entered thereon after an assessment of damages, affirmed, with $50 costs to plaintiff-respondent. The essential facts involved in this lawsuit are adequately stated in the dissenting opinion of Justice STEUER. This court is divided on only one aspect of plaintiff's motion for summary judgment. It is defendants' contention that plaintiff failed to establish that oil delivered...

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