MATTER OF CONSOL. MUT. INS. CO. v. KEEPNEWS


41 N.Y.2d 982 (1977)

In the Matter of Consolidated Mutual Insurance Company, Appellant-Respondent, v. Lawrence W. Keepnews, as Superintendent of Insurance of the State of New York, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided April 5, 1977.


Attorney(s) appearing for the Case

Robert J. Bertrand for appellant-respondent.

Louis J. Lefkowitz, Attorney-General (David L. Birch, Samuel A. Hirshowitz and Harold Tompkins of counsel), for respondent-appellant.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum; Judge JASEN dissents and votes to modify in a separate opinion.


MEMORANDUM.

Judgment reversed, without costs, and the determination annulled.

The Insurance Law, in prohibiting a director of an insurer from receiving any compensation for negotiating or aiding in any "purchase or sale of property" made by the insurer, does not embrace the making of a lease by the insurer as lessor as the several applicable words are used, either in common parlance or in common legal usage.

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