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  5. 33 A.D.2d 334 (1970)
 

TADIAN v. CONT'L FORWARDING

33 A.D.2d 334 (1970)

Vartkes Tadian, Plaintiff, v. Continental Forwarding, Inc., et al., Defendants Continental Forwarding, Inc., Third-Party Plaintiff-Respondent, v. Guaranty National Insurance Company, Third-Party Defendant-Appellant, and Sobel Affiliates, Inc., Third-Party Defendant

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

March 2, 1970.

Attorney(s) appearing for the Case

Edward Cherney of counsel (Harvey P. Rosenberg with him on the brief; Friedlander, Gaines, Ruttenberg & Goetz, attorneys), for third-party defendant-appellant.

Joel S. Sankel of counsel (Martin C. Licht with him on the brief), for third-party plaintiff-respondent.

NUNEZ and MACKEN, JJ., concur with McGIVERN, J.; TILZER, J., dissents in opinion in which STEVENS, P. J., concurs.

McGIVERN, J.

This is an appeal from a unanimous affirmance by the Appellate Term of a judgment of the Civil Court of the City of New York, New York County, in favor of the insured.

The insured (and third-party plaintiff) is the Continental Forwarding, Inc., and its business is, as its name indicates, that of freight forwarding. The defendant, Guaranty National Insurance Company, had issued to Continental an insurance

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