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PUB SERV MUT v. FIREMAN'S

82 A.D.2d 403 (1981)

Public Service Mutual Insurance Company, Respondent, v. Fireman's Fund American Insurance Companies, Defendant, and Insurance Company of North America, Appellant

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

August 6, 1981

Attorney(s) appearing for the Case

Neal M. Glazer of counsel (Joseph D. Ahearn and Michael Majewski with him on the brief; Corcoran, Amabile & Cowin, attorneys), for appellant.

Alvin P. Bluthman of counsel (Nathan Cyperstein, attorney), for respondent.

KUPFERMAN, J. P., LUPIANO and BLOOM, JJ., concur with FEIN, J.; SANDLER, J., dissents in an opinion.

FEIN, J.

The relevant facts are fairly stated in the dissent, which correctly determines that Lumbermens Mut. Cas. Co. v Allstate Ins. Co. (51 N.Y.2d 651, revg 73 A.D.2d 868), requires us to conclude that the Fireman's Fund American Insurance Companies (Fireman's) policy, although purporting to be an excess policy with respect to...

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