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  5. 21 N.Y.2d 518 (1968)
 

LETENDRE v. HARTFORD ACC. & IND. CO.

21 N.Y.2d 518 (1968)

Victor E. Letendre, Respondent, v. Hartford Accident and Indemnity Company, Appellant.

Court of Appeals of the State of New York.

Decided February 29, 1968.

Attorney(s) appearing for the Case

Homer E. Peters and Livingston T. Coulter for appellant.

Arthur J. Harvey and Thomas F. Farrell for respondent.

Chief Judge FULD and Judges SCILEPPI and BERGAN concur with Judge KEATING; Judge BREITEL dissents and votes to reverse and to grant a new trial in an opinion in which Judges BURKE and JASEN concur.

KEATING, J.

Victor E. Letendre owned a gas station and motel in Malta (near Saratoga Springs), New York. In September of 1962, he left for Florida, where he operated a restaurant, leaving behind, in complete charge of his New York enterprise, one James J. Tremblay. Tremblay was a relatively new employee. Before departing, Letendre secured a fidelity bond on Tremblay in the sum of $5,000 from the Hartford Accident...

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