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RUGGIERO v. AM. FID INS

103 Misc.2d 859 (1980)

Patricia Ruggiero et al., Respondents, v. American Fidelity Fire Insurance Company, Appellant.

Supreme Court, Appellate Term, First Department.

June 10, 1980.

Attorney(s) appearing for the Case

Sparacio & Brinn and Shayne, Dachs, Weiss, Kolbrener, Stanisci & Harwood (Norman H. Dachs of counsel), for appellant. Mitchel & Radin (Carl Radin of counsel), for respondents.

Concur: HUGHES, J. P., RICCOBONO and ASCH, JJ.

Per Curiam.

Order dated February 1, 1980 (KLEIN, J.), affirmed, with $10 costs.

This appeal raises a question of first impression on the effectiveness of an auto insurance cancellation notice under section 313 of the Vehicle and Traffic Law.

Section 313 (subd 1, par [a]) of the Vehicle and Traffic Law dictates that: "Every such notice of termination [of auto liability policies] for any such cause...

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