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ATLAS FEATHER CORP. v. PINE TOP INS. CO.

122 A.D.2d 241 (1986)

Atlas Feather Corp., Respondent, v. Pine Top Insurance Company, Appellant

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

July 28, 1986

Order reversed insofar as appealed from, with costs, and that branch of the defendant's cross motion which was to strike the plaintiff's cause of action for attorney's fees granted.

By order dated June 17, 1983, Special Term (Rader, J.), determined that Insurance Law former § 59-a (3) (a) (now § 1213 [c] [1]) was inapplicable to this case by virtue of the applicability of Insurance Law § 59-a (5) (now § 1213 [e]).

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