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TN. OF POLAND v. TRANSAMER. INS.

53 A.D.2d 140 (1976)

Town of Poland, Appellant-Respondent, v. Transamerica Insurance Company, Respondent-Appellant

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

July 2, 1976

Attorney(s) appearing for the Case

Erickson & Webb (Paul Webb, Jr., of counsel), for appellant-respondent.

Brown, Kelly, Turner, Hassett & Leach (Ogden R. Brown and Bruce R. Fenwick of counsel), for respondent-appellant.

MARSH, P. J., MOULE, CARDAMONE and DILLON, JJ., concur.

MAHONEY, J.

Plaintiff appeals from that portion of an order of Special Term which granted summary judgment to defendant carrier in an action based on breach of an insurance contract for refusing in bad faith to settle a claim against plaintiff within the policy limits. Defendant appeals from that portion of the order which granted plaintiff's cross motion striking two affirmative defenses of the Statute of Limitations...

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