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HAROLD MOORSTEIN & CO., INC. v. EXCELSIOR INS. CO. OF SYRACUSE

25 N.Y.2d 651 (1969)

Harold Moorstein & Co., Inc. et al., Respondents, v. Excelsior Insurance Co. of Syracuse et al., Appellants.

Court of Appeals of the State of New York.

Decided November 26, 1969.

Attorney(s) appearing for the Case

Robert F. Doran for appellants.

Manuel S. Gottdenker and Milton M. Meyer for respondents.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed. The affidavits submitted on the motion for summary judgment were unanimous as to the intent of the parties to the assignment. Hence, there was no issue of fact to be determined and summary judgment was proper. However, we note that the dictum in the opinion below, interpreting Stathos v. Murphy (26 A.D.2d 500, affd...

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