Judgment entered May 23, 1969, declaring defendant-appellant's disclaimer of liability under its policy of insurance issued to plaintiff-respondent of no force and effect, unanimously reversed on the law, on the facts, and in the interest of justice, and the case remanded for a new trial before the same justice, with costs to abide the event.
The basis for this action for a declaratory judgment, which would, in effect, negate defendant-appellant insurer's disclaimer...
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