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DOBBINS v. NAT. UNION INS. CO.

79 Misc.2d 241 (1973)

Sam Dobbins, Respondent, v. National Union Insurance Company, Appellant. National Union Insurance Company, Third-Party Plaintiff, v. Ronald Hoffman et al., Third-Party Defendants.

Supreme Court, Appellate Term, Second Department.

December 5, 1973

Attorney(s) appearing for the Case

Lee, McCarthy & DeRosa (S. Victor Spadaro of counsel), for appellant. Levine, Goldstein & Honig (Louis R. Teig of counsel), for respondent.

Concur — GROAT, P. J., SCHWARTZWALD and MARGETT, JJ.

MEMORANDUM.

Judgment affirmed, with $25 costs.

In view of the decision in Berlowitz v. Horowitz (250 App. Div. 728 [2d Dept., 1937]), we are constrained to affirm the judgment (cf. Navrides v. Zurich Ins. Co., 5 Cal.3d 698

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