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FAGNANI v. AM. HOME ASSURANCE CO.

64 N.Y.2d 967 (1985)

Anthony Fagnani et al., Respondents, v. American Home Assurance Company, Appellant. Warren R. Young et al., Respondents, v. American Home Assurance Company, Appellant.

Court of Appeals of the State of New York.

Decided March 21, 1985.

Attorney(s) appearing for the Case

Patrick F. Foley for appellant.

William J. Pastore for respondents.

Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), judgment appealed from and order of the Appellate Division brought up for review reversed, with costs, and plaintiffs' motions for summary judgment denied for the reasons stated in the dissenting in part memorandum of Justice Vito J. Titone at the Appellate Division (101 A.D.2d 803

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