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ROSENBERG & COHEN v. AMER. CAS.

62 Misc.2d 927 (1969)

Rosenberg & Cohen, Inc., Plaintiff, v. American Casualty Company, Defendant.

Supreme Court, Special Term, New York County.

April 25, 1969

Attorney(s) appearing for the Case

Rein, Mound & Cotton (Ernest E. Rosenberg and Stuart Cotton of counsel), for defendant. Held, Telchin & Held (Joseph G. Telchin and Phillip D. Held of counsel), for plaintiff.

SIDNEY A. FINE, J.

Defendant moves for summary judgment dismissing the complaint. Plaintiff cross-moves for summary judgment in its favor.

The complaint is based upon a policy issued by defendant, as amended by a "Special Endorsement `A'" dated October 23, 1967. Plaintiff contends that the special endorsement had the effect of eliminating from the policy the "Locked Truck Warranty" upon which defendant...

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