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CORDIAL GREENS COUNTRY CLUB, INC. v. AETNA CAS. & SUR. CO.

41 N.Y.2d 996 (1977)

Cordial Greens Country Club, Inc., et al., Respondents, v. Aetna Casualty and Surety Company, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided April 7, 1977.

Attorney(s) appearing for the Case

Clayton T. Bardwell for appellant.

Myron Komar for respondents.

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

MEMORANDUM.

Whether the claim is within the coverage of either policy cannot, in this instance, be determined prior to the trial and appeals, if any, of the underlying personal injury action (see Post v Metropolitan Cas. Ins. Co., 227 App Div 156, affd 254 N.Y. 541; see, also, Nationwide Mut. Ins. Co. v Dennis, 14 A.D.2d 188; Everlast Sporting Goods Mfg. Co. v Aetna Ins...

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