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BRITISH & FOREIGN INS. CO. v. STEWART

30 N.Y.2d 53 (1972)

In the Matter of British and Foreign Marine Insurance Company, Ltd., et al., Respondents, v. Richard E. Stewart, as Superintendent of Insurance of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided February 16, 1972.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (George D. Zuckerman, Samuel A. Hirshowitz, Joel Lewittes and Richard S. Scanlan of counsel), for appellant.

John P. Walsh and Warren A. Herland for respondents.

Nathaniel R. Jones, Charles E. Carter and James I. Meyerson for the National Association for the Advancement of Colored People, amicus curiae.

Judges BURKE, SCILEPPI, BERGAN and GIBSON concur with Chief Judge FULD; Judge BREITEL concurs in a separate opinion in which Judge JASEN also concurs.

Chief Judge FULD.

There is before us for review a determination of the Superintendent of Insurance, the appellant herein, that the petitioners practiced racial discrimination in canceling policies of insurance in the Harlem and Bedford-Stuyvesant areas of New York City. We agree with the Appellate Division, which unanimously annulled such determination, that the Superintendent failed to adduce any evidence establishing...

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