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TROLL v. GLANTZ

57 Misc.2d 572 (1968)

Walter Troll, Appellant, v. Murray Glantz et al., Respondents.

Supreme Court, Appellate Term, First Department.

May 6, 1968

Attorney(s) appearing for the Case

Alfred L. Plesser for appellant. Paul A. Crouch and Robert Hill Nix for Merchants Mutual Insurance Company, respondent.

STREIT and GOLD, JJ., concur in Per Curiam opinion; MARKOWITZ, J. P., dissents in opinion.

Per Curiam.

Since the policy required written notice to the company of any accident as soon as practical and the proof of mailing was insufficient (Gardam & Son v. Batterson, 198 N.Y. 175, 178-179), we find no error in the dismissal of the complaint as to the defendant insurance company.

Nor was it error to dismiss the complaint as to the individual defendant insofar as it charged malpractice in...

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