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GOVT EMPLOYEES INS v. SHEERIN

65 A.D.2d 10 (1978)

Government Employees Insurance Company, Appellant, v. Mary T. Sheerin, Respondent, et al., Defendants

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

November 27, 1978

Attorney(s) appearing for the Case

Montfort, Healy, McGuire & Salley (E. Richard Rimmels, Jr., and Robert J. Mettalia of counsel), for appellant.

David A. Ferdinand and Petersen, Steiner & Kohan for respondent.

RABIN and O'CONNOR, JJ., concur with MARGETT, J.; HOPKINS, J. P., concurs as to the dismissal of the appeal from the order, but otherwise dissents and votes to modify the judgment by deleting therefrom the provision which dismissed the complaint and, as so modified, to affirm the judgment, with an opinion in which MARTUSCELLO, J., concurs.

MARGETT, J.

In this action by an insurer for a declaration that it validly canceled an automobile insurance policy delivered in New Jersey, to a person purportedly residing in that State and covering a vehicle registered in that State, the principal issue is whether Special Term erred in applying New York law notwithstanding counsel's extremely weak assertion that New Jersey law applies, and his failure to cite...

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