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  5. 43 N.Y.2d 810 (1977)
 

NATIONWIDE MUT. INS. CO. v. LIBERTY MUT. INS. CO.

43 N.Y.2d 810 (1977)

Nationwide Mutual Insurance Company, Respondent, v. Liberty Mutual Insurance Company et al., Respondents, and Allstate Insurance Company, Appellant.

Court of Appeals of the State of New York.

Decided December 19, 1977.

Attorney(s) appearing for the Case

Asher Marcus and Peter James Johnson for appellant.

William F. Larkin for Nationwide Mutual Insurance Company, respondent.

Dale M. Thuilley for Florence Waterson and another, respondents.

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

Order affirmed, with costs, on the opinion by Mr. Justice OLIVER C. SUTTON at Supreme Court, New York County. In view of the affirmed finding that no sale was effectuated, it is not necessary to consider the issue presented in Phoenix Ins. Co. v Guthiel (2 N.Y.2d 584).

Judges GABRIELLI and JONES concur in the following memorandum: We concur in result only. Rather than requiring the courts below to strain their powers of imagination...

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