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  5. 24 N.Y.2d 882 (1969)
 

MOORE v. FID. & CAS. CO. OF NEW YORK

24 N.Y.2d 882 (1969)

William Moore, Appellant, v. Fidelity & Casualty Company of New York, Respondent.

Court of Appeals of the State of New York.

Decided April 23, 1969.

Attorney(s) appearing for the Case

Lewis I. Wolf, Henry Wolfman, Abraham Shapiro and Edward R. Koudelka for appellant.

John M. Cunneen for respondent.

Concur: Chief Judge FULD and Judges SCILEPPI, BERGAN and BREITEL. Judge KEATING dissents and votes to affirm in the following opinion in which Judges BURKE and JASEN concur.

Order reversed, without costs, and judgment of Special Term reinstated on the opinion at Special Term.

KEATING, J. (dissenting).

The record irrefutably establishes that, although this action has been brought in the name of William Moore, he is only a nominal party. The true plaintiff-appellant is the Cosmopolitan Insurance Company. After the accident out of which this action arose, Cosmopolitan, upon...

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