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  5. 69 N.Y.2d 908 (1987)
 

WILLIAM ISELIN & CO., INC. v. FIREMAN'S FUND INS. CO.

69 N.Y.2d 908 (1987)

William Iselin & Co., Inc., Respondent, v. Fireman's Fund Insurance Company, Appellant.

Court of Appeals of the State of New York.

Decided April 23, 1987.

Attorney(s) appearing for the Case

Jerome Murray, Robert G. Post and Robert Wang for appellant.

John E. Beerbower and Peter M. Dodson for respondent.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA. Taking no part: Judge ALEXANDER.

Order modified, with costs to defendant, by denying plaintiff's cross motion to dismiss the fourth, fifth and sixth affirmative defenses and, as so modified, affirmed for the reasons stated in the dissenting in part opinion by Justice Leonard H. Sandler at the Appellate Division (117 A.D.2d 86, 93-96). Certified question answered in...

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