COMM'RS OF THE STATE INS. FUND v. INS. CO. OF N. AM.


80 N.Y.2d 992 (1992)

Commissioners of the State Insurance Fund, Appellant-Respondent, v. Insurance Company of North America, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided November 19, 1992.


Attorney(s) appearing for the Case

Raymond C. Green, New York City (Melisande Kopp of counsel), for appellant-respondent.

Wilson, Elser, Moskowitz, Edelman & Dicker, New York City (Nina Cangiano and Glen Feinberg of counsel), for respondent-appellant.

Acting Chief Judge SIMONS and Judges KAYE, TITONE, HANCOCK, JR., BELLACOSA and SMITH concur.


MEMORANDUM.

The order of the Appellate Division should be modified, with costs to defendant Insurance Company of North America (INA), by reversing the grant of summary judgment to plaintiff State Insurance Fund (SIF) on the first cause of action and instead granting summary judgment to defendant dismissing that first cause of action and, as so modified, the Appellate Division order should be affirmed.

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