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  5. 39 A.D.2d 205 (1972)
 

STATE OF N. Y. v. INS. OF NO. AM.

39 A.D.2d 205 (1972)

State of New York, Respondent, v. Insurance Company of North America, Appellant

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

June 21, 1972.

Attorney(s) appearing for the Case

Maynard, O'Connor & Smith (Michael E. Catalinotto of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch and Kenneth E. Page of counsel), for respondent.

STALEY, JR., GREENBLOTT, SIMONS and REYNOLDS, JJ., concur.

HERLIHY, P. J.

This is an appeal by the defendant from an order of the Supreme Court at Special Term, entered in Albany County on August 14, 1970, which granted partial summary judgment to the plaintiff and from a subsequent order entered on November 18, 1970 which granted a motion of the appellant for reargument and upon such reargument adhered to its prior decision granting partial summary judgment.

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