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NORMILE v. ALLSTATE INS. CO.

60 N.Y.2d 1003 (1983)

Edward M. Normile, on Behalf of Himself and All Others Similarly Situated, Appellant, v. Allstate Insurance Company, Respondent.

Court of Appeals of the State of New York.

Decided December 1, 1983.

Attorney(s) appearing for the Case

Maurice P. O'Brien for appellant.

Charles Platto, William E. Hegarty, Susan Buckley, Kevin J. Burke and Peter H. Bouman for respondent.

Concur: Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE. Chief Judge COOKE dissents and votes to reverse in an opinion.

Judgment appealed from and order of the Appellate Division brought up for review affirmed, with costs, for reasons stated in the memorandum of the Appellate Division (87 A.D.2d 721).

Chief Judge COOKE (dissenting).

I respectfully dissent. The result reached by the majority, in affirming, allows insurers to avoid their primary responsibility for compensating for basic...

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