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GINSBERG v. N. RIVER INS. CO.

56 N.Y.2d 719 (1982)

Sidney H. Ginsberg et al., Appellants, v. North River Insurance Company, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided May 11, 1982.

Attorney(s) appearing for the Case

James J. Taylor and Barbara Hack for appellants.

Solomon M. Cheser and John P. Friedman for respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI and WACHTLER. Judge MEYER dissents and votes to reverse in the following opinion in which Judge JONES concurs. Taking no part: Judge FUCHSBERG.

Judgment appealed from and order of the Appellate Division brought up for review affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (67 A.D.2d 694).

MEYER, J. (dissenting).

I am unable to accept a rationale which, purportedly in the interest of the insured in other situations, deprives these plaintiffs insureds of one half the coverage for which they paid their premium to North...

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