Seltzer v. Indemnity Insurance Co. of North America

226 A.D. 687 Court N.Y. App. Div. English

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p. 687

Ruth Seltzer, an Infant, by Michael Seltzer, Her Guardian ad Litem, Respondent, v. Indemnity Insurance Company of North America, Appellant.

— Judgment affirmed, with costs. No opinion. Rich, Young and Seudder, JJ., concur; Lazansky, P. J., and Hagarty, J., dissent, being of opinion that there was a question of fact to- be determined by the jury as to whether or not the assured co-operated with defendant in the defense of the case.