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  5. 57 N.Y.2d 872 (1982)
 

LOBLAW, INC. v. EMPLOYERS' LIAB. ASSURANCE CORP., LTD.

57 N.Y.2d 872 (1982)

Loblaw, Inc., Appellant, v. Employers' Liability Assurance Corp., Ltd., Respondent.

Court of Appeals of the State of New York.

Decided October 14, 1982.

Attorney(s) appearing for the Case

Beth L. Hoffman and Chris G. Trapp for appellant.

Diane F. Bosse for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER and MEYER concur; Judge FUCHSBERG concurs in a concurring opinion; Judge GABRIELLI taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The record shows that a medical evaluation commissioned by Loblaw in April, 1966 determined that the employee had suffered a permanent partial disability. In addition an appraisal of the potential liability made at Loblaw's request concluded that this could result in a very expensive claim in view of the comparative youth of the employee...

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