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NEWARK INS. CO. v. CONT'L CAS. CO.

46 A.D.2d 514 (1975)

Newark Insurance Company, Plaintiff, v. Continental Casualty Company, Defendant

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

January 28, 1975.

Attorney(s) appearing for the Case

T. Richard Kennedy of counsel (Werner, Kennedy & French, attorneys), for plaintiff.

Martin J. McHugh of counsel (James M. Kenny with him on the brief; McHugh, Heckman, Smith & Leonard, attorneys), for defendant.

McGIVERN, P. J., KUPFERMAN and LANE, JJ., concur.

LUPIANO, J.

The controversy submitted to this court pursuant to CPLR 3222 is whether the grounding of the tankship Free State on October 19, 1964 involved one or two occurrences within the terms of a comprehensive policy of insurance issued by plaintiff, Newark Insurance Co. (hereinafter Newark), to the Anaconda Co. (hereinafter Anaconda) covering property damage of the insured up to $500,000 for each occurrence. Defendant

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