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  5. 247 A.D.2d 315 (1998)
 

PUB. SERV. MUT. INS. CO. v. BARIBEAU

247 A.D.2d 315 (1998)

668 N.Y.S.2d 463

Public Service Mutual Insurance Company, a Member of The PSM Insurance Companies Group, Appellant, v. Lloyd Baribeau et al., Respondents

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

February 24, 1998

Noncancellation of respondent's policy, as urged by petitioner, cannot be found as a matter of law and a hearing is necessary. Issues of fact exist as to, inter alia, whether the notice referencing Vehicle and Traffic Law § 313 sent by respondent insurer to the offending vehicle's owner was intended by the former, and could have been understood by the latter, as a recancellation of an already cancelled policy, or was...

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