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MICHALS v. PRUDENTIAL INS.

32 A.D.2d 274 (1969)

Ganina Michals, as Executrix of Maxim Michals, Deceased, Appellant-Respondent, v. Prudential Insurance Company of America et al., Respondents-Appellants In the Matter of 112 West 34th Street Company, Petitioner, v. Ganina Michals, as Executrix of Maxim Michals, Deceased, et al., Respondents

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

June 19, 1969.

Attorney(s) appearing for the Case

Thomas F. Tivnan of counsel (Parker, Duryee, Zunino, Malone & Carter, attorneys), for appellant-respondent.

Robert A. Machleder of counsel (Wien, Lane, Klein & Malkin, attorneys), for respondents-appellants.

EAGER, NUNEZ and McNALLY, JJ., concur with STEVENS, P. J.; McGIVERN, J., dissents in opinion.

STEVENS, P. J.

These are cross appeals from an order and judgment entered August 29, 1968 which in part granted the motion of the plaintiff-appellant-respondent (hereinafter referred to as the plaintiff) for summary judgment, and in part granted the motion of the defendants for summary judgment.

Plaintiff instituted this action for a declaratory judgment that plaintiff is entitled to possession of certain premises for a period of 10 years commencing...

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