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CASS v. BROOME COUNTY CO-OPERATIVE INS. CO.

94 A.D.2d 822 (1983)

Newell Cass et al., Appellants, v. Broome County Co-Operative Insurance Company et al., Respondents

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

May 5, 1983

Plaintiffs filed claims for their loss with their insurers, defendant insurance companies. Upon defendants' subsequent refusal to pay the claims, plaintiffs commenced the instant action to recover for their loss and the matter proceeded to trial on March 15, 1982. During the course of the trial a defense witness, on direct examination and in response to a question from defense counsel, made a statement highly prejudicial to plaintiffs...

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