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TOPPER v. MUT. LIFE INS. CO. OF NEW YORK

46 N.Y.2d 974 (1979)

Claire Topper, Appellant, v. Mutual Life Insurance Company of New York, Respondent.

Court of Appeals of the State of New York.

Decided March 22, 1979.

Attorney(s) appearing for the Case

Bradley B. Davis for appellant.

Michael L. B. Kaplan, Samuel C. Cantor, David G. O'Brien and Patrick W. Guy for respondent.

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

Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (62 A.D.2d 932). In addition, the record does not support the contention that respondent made misleading representations to appellant regarding her entitlement to receive benefits under the salary continuation...

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