NAB CONSTR. CORP. v. GREAT AM. INS. COS.


53 N.Y.2d 964 (1981)

NAB Construction Corp. et al., Respondents-Appellants, v. Great American Insurance Companies, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided June 2, 1981.


Attorney(s) appearing for the Case

Franklin E. Tretter for respondents-appellants.

Eugene Wollan and Lawrence S. Greengrass for appellant-respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs, and the question certified answered in the affirmative.

We cannot say, as a matter of law, that the newly discovered evidence presented by plaintiff was insufficient to justify a grant of plaintiff's motion to renew. In view of this new evidence, a question of fact exists as to whether defendant could properly cancel plaintiff's insurance...

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