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In re the Liquidation of Preferred Accident Insurance

283 A.D. 693 Court N.Y. App. Div. Decision date 1954-01-13 English

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p. 693
In the Matter of the Liquidation of Preferred Accident Insurance Company of New York. John Koerner, Respondent; Alfred J. Bohlinger, Superintendent of Insurance of the State of New York, as Liquidator of Preferred Accident Insurance Company of New York, Appellant.

Order unanimously reversed, with $20 costs and disbursements to the appellant, and the report disaffirmed. On the record there was no showing of negligence on the part of the garage owner, and the evidence established contributory negligence on the part of the claimant. Settle order on notice. Present — Peek, P. J., Dore, Cohn, Breitel and Bastow, JJ.