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  5. 36 A.D.2d 506 (1971)
 

SEIFERT, HIRSHORN v. INS. CO. OF N. AMER.

36 A.D.2d 506 (1971)

Seifert, Hirshorn and Packman, Inc., Respondent, v. Insurance Company of North America, Appellant

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

June 8, 1971.

Attorney(s) appearing for the Case

Joseph A. Scalzo of counsel (Doran, Cunningham & Caserio, attorneys), for appellant.

David O. Alfert for respondent.

NUNEZ, J. P., TILZER and MACKEN, JJ., concur with McNALLY, J.; KUPFERMAN, J., dissents and votes to affirm the Appellate Term's affirmation of the order of the Civil Court on the opinion of Civil Court Judge DANIEL M. KELLY below.

McNALLY, J.

Appeal, by leave of the Appellate Term, from its determination affirming, by a divided court, the order of the Civil Court denying defendant's motion for summary judgment, and awarding summary judgment to plaintiff. For the reasons hereinafter stated, we reverse the order, on the law, with costs and with disbursements and grant defendant's motion for summary judgment.

Defendant insurance company...

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