SILVERSTEIN v. EMPIRE MUT. INS. CO.


40 A.D.2d 1008 (1972)

David Silverstein, Doing Business as Silverstein & Co., Appellant, v. Empire Mutual Insurance Co., Respondent

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

December 18, 1972


Order reversed, with $10 costs and disbursements, and motion remanded to Special Term for further proceedings in accordance with the views herein set forth: Plaintiff alleged in his amended complaint that he had been fraudulently induced into believing that defendant had taken into account appropriate factors in computing the premiums on workmen's compensation and other insurance policies.

It is claimed that knowledge of the fraud was acquired in May, 1961 and that...

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