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VANDER VEER v. CONT'L CAS. CO.

42 A.D.2d 311 (1973)

Albert Vander Veer, Ii, Respondent, v. Continental Casualty Company, Appellant

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

August 2, 1973.

Attorney(s) appearing for the Case

Arthur E. McCormick (Earl S. Jones, Jr., of counsel), for appellant.

Cooper, Erving & Savage (Harry S. Christenson of counsel), for respondent.

GREENBLOTT and COOKE, JJ., concur with STALEY, JR., J. P.; KANE and REYNOLDS, JJ., dissent and vote to reverse in an opinion by REYNOLDS, J.

STALEY, JR., J. P.

This is an appeal (1) from a judgment of the Supreme Court, entered September 12, 1972 in Albany County, upon a verdict rendered at a Trial Term in favor of plaintiff, and (2) from an order of said court, entered October 5, 1972, which denied defendant's motion to set aside the verdict.

This is an action to recover payments for total disability under the provisions of Plan A in a group...

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