DEITSCH TEXTILES, INC. v. NEW YORK PROP. INS. UNDERWRITING ASS'N


62 N.Y.2d 999 (1984)

Deitsch Textiles, Inc., Appellant, v. New York Property Insurance Underwriting Association et al., Respondents. (Action No. 1.) Monezel Holding Corp., Appellant, v. New York Property Insurance Underwriting Association, Respondent. (Action No. 2.)

Court of Appeals of the State of New York.

Decided July 2, 1984.


Attorney(s) appearing for the Case

Robert J. Miller for appellants.

Arthur N. Brook for respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


MEMORANDUM.

The judgment of Supreme Court appealed from and the prior order of the Appellate Division brought up for review should be reversed, the judgments of Supreme Court dated September 14, 1981 and June 10, 1982 should be reinstated, and the matter remitted to the Appellate Division, Second Department, for consideration of the facts. (See CPLR 5613.)

We agree with plaintiffs that the Appellate Division erred...

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