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GORDON v. NATIONWIDE MUT. INS. CO.

37 A.D.2d 265 (1971)

Gerald Gordon, as Receiver of the Rights and Assets of Louis Porter, Respondent-Appellant, v. Nationwide Mutual Insurance Company, Appellant-Respondent

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

July 23, 1971.

Attorney(s) appearing for the Case

Benjamin H. Siff (Thomas R. Newman of counsel), for appellant-respondent.

Greenspan, Aurnou & Davis (Joel Martin Aurnou of counsel), for respondent-appellant.

Aranow, Brodsky, Bohlinger, Benetar, Einhorn & Dann (Alfred J. Bohlinger, Anthony L. Tersigni and Peter R. Sterling of counsel), for The National Association of Independent Insurers, amicus curiae.

HOPKINS, Acting P. J., and CHRIST, J., concur with GULOTTA, J.; SHAPIRO, J., dissents and votes to reverse the judgment and grant a new trial, with a separate dissenting opinion; BENJAMIN, J., dissents and votes to reverse the judgment and dismiss the third and fourth causes of action, with a separate dissenting opinion.

GULOTTA, J.

On November 28, 1961 one Louis Porter was operating his automobile on the Major Deegan Expressway when he collided with an automobile operated by John Rotsettis in which the latter's wife, Theoni Rotsettis, and one Emanuel Panteloglu were passengers. As a result of the accident both Rotsettises died and Panteloglu sustained severe injuries.

In a statement Porter gave to his insurance company...

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