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EL-MEL REALTY CORP. v. EMPIRE MUT. INS. CO.

17 N.Y.2d 901 (1966)

El-Mel Realty Corp., Plaintiff, and Melvin Picture Frame Co., Inc., Appellant, v. Empire Mutual Insurance Company, Respondent.

Court of Appeals of the State of New York.

Decided June 9, 1966.

Attorney(s) appearing for the Case

Gilbert Goldstein and Lawrence Kovalsky for appellant.

Philip Hoffer, Raymond J. MacDonnell, Rose L. Hoffer and Peter T. Affatato for respondent.

Concur: Chief Judge DESMOND and Judges VAN VOORHIS, BURKE, SCILEPPI and BERGAN. Judges FULD and KEATING dissent and vote to reverse and to reinstate the order of the Appellate Term on the ground that there was an ambiguity in the policy which should be resolved in favor of appellant.

Order affirmed, without costs...

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