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VAAGE v. LEWIS

29 A.D.2d 315 (1968)

Lars Vaage, Respondent, v. Clinton J. Lewis et al., Appellants Nationwide Mutual Insurance Company, Intervenor-Appellant

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

March 4, 1968.

Attorney(s) appearing for the Case

James T. Whalen (Charles G. Pillon of counsel), for appellants.

Charles G. Pillon for intervenor-appellant.

Schwartz, Levitt & Sommer (Arthur Blitz of counsel), for respondent.

BRENNAN, RABIN, BENJAMIN and MARTUSCELLO, JJ., concur.

CHRIST, Acting P. J.

This appeal brings to the surface another of the difficult ramifications of Seider v. Roth (17 N.Y.2d 111), recently adhered to in Simpson v. Loehmann (21 N.Y.2d 305). The four opinions in Simpson demonstrate the complexity and dissatisfaction with the Seider v. Roth principle that a plaintiff...

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