STATE OF NY v. HOME IND. CO.


106 A.D.2d 124 (1985)

State of New York, Appellant, v. Home Indemnity Company, Respondent

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

January 17, 1985


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Richard J. Dorsey and William J. Kogan of counsel), for appellant.

Deegan, Scibilia & Reardon (Robert Aurigema, Donald E. Deegan and Marian C. Rice of counsel), for respondent.

MAIN, WEISS and MIKOLL, JJ., concur with KANE, J. P.; YESAWICH, JR., J., dissents and votes to affirm in an opinion.


KANE, J. P.

The State of New York seeks to recover from defendant approximately $570,000 for breach of an insurance contract which the State alleges defendant issued, covering the State for such occurrences as resulted in a judgment against it in the sum $569,963.91, with interest and costs. The particular facts and circumstances describing that incident are set forth in two decisions of this court when the underlying action was before us on prior occasions...

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