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SAPERSTEIN v. COMMERCIAL TRAVELERS

42 A.D.2d 487 (1973)

Ruth Saperstein, Appellant, v. Commercial Travelers Mutual Accident Association, Respondent

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

November 15, 1973.

Attorney(s) appearing for the Case

Kooperman & Kooperman (Joseph Kooperman of counsel), for appellant.

Weiss & Costa (Lawrence E. Lagarenne of counsel), for respondent.

SWEENEY and KANE, JJ., concur with GREENBLOTT, J.; COOKE, J., concurs in the result in a separate opinion; STALEY, JR., J., dissents and votes to affirm in an opinion.

GREENBLOTT, J.

This is an appeal (1) from an order of the Supreme Court at Special Term, entered January 19, 1972 in Sullivan County, which granted a motion by defendant for summary judgment dismissing the complaint, and (2) from the judgment entered thereon.

The insured Ben Saperstein died on March 3, 1968 following a one-car accident on an allegedly icy road. The police report and the coroner's report...

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