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MATTER OF BOWES & CO., INC. OF NEW YORK v. AM. DRUGGISTS' INS. CO.

61 N.Y.2d 750 (1984)

In the Matter of Bowes & Company, Inc. of New York, Respondent, v. American Druggists' Insurance Company, Appellant.

Court of Appeals of the State of New York.

Decided January 17, 1984.

Attorney(s) appearing for the Case

Seymour J. Ugelow for appellant.

Kenneth A. Sagat for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and KAYE concur; Judge SIMONS taking no part.

MEMORANDUM.

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

Whether the 1976 agreement was a novation or simply a modification of the 1974 agreement turns on the intent of the parties which, in the absence of extrinsic evidence of intent, is a question of law for the court (Mallad Constr. Corp. v County Fed. Sav. & Loan Assn., 32 N.Y.2d 285, 288, 293...

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