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  5. 39 A.D.2d 914 (1972)
 

MATTER OF PROBST

39 A.D.2d 914 (1972)

In the Matter of the Arbitration between Edwin Probst, Respondent, and Midwest Mutual Insurance Company, Appellant

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

June 5, 1972

Order and judgment affirmed, with one bill of $10 costs and disbursements.

Although we affirm both the order and the judgment, we do not pass upon the question of the extent of the ultimate liability of Midwest Mutual Insurance Company or Empire Mutual Insurance Company as between themselves. Under the order entered November 7, 1968 in New York County this issue was "left for determination by the proper tribunal at the time damages may be assessed".

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