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ASS'N FOR THE HELP OF RETARDED CHILDREN, INC. v. INS. CO. OF NORTH AM.

59 A.D.2d 518 (1977)

Association for the Help of Retarded Children, Inc., Respondent, v. Insurance Company of North America et al., Appellants, et al., Defendants

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

August 1, 1977

Judgment modified, on the law, by deleting (1) from the first decretal paragraph thereof the words "and indemnified" and (2) from the second decretal paragraph thereof the words "and indemnify". As so modified, judgment affirmed, with one bill of costs to appellants.

The facts are not disputed. As stated by Mme. Justice Burstein in her opinion at Special Term: "The action arises out of an accident which occurred on April 26, 1974. On that date defendant, Noreen Nilsson...

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