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ALLSTATE INS. CO. v. DAILEY

39 N.Y.2d 759 (1976)

Allstate Insurance Company, Respondent, v. Frank Dailey, Respondent, and Travelers Indemnity Company, Appellant.

Court of Appeals of the State of New York.

Decided April 27, 1976.

Attorney(s) appearing for the Case

Richard Bakalor, Samuel F. Simone and Robert E. Quirk for appellant.

Joseph Maria and Rocco Conte for Allstate Insurance Company, respondent.

Anthony J. Loscalzo for Frank Dailey, respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.

Order affirmed, with costs, on the opinion by Mr. Justice JAMES D. HOPKINS at the Appellate Division (47 A.D.2d 375), noting, however, that Roehrich v Holt Motor Co. (201 Minn. 586) cited therein (47 A.D.2d 375, 377) has been overruled by Fischer v Market Ford Sales (225 N.W.2d 370

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