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Show Car Speed Shop, Inc. v. United States Fidelity and Guaranty Co.

192 A.D.2d 1066 Court N.Y. App. Div. Decision date 1993-04-14 Docket Appeal No. 2 English

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p. 1066
Show Car Speed Shop, Inc., et al., Plaintiffs, v United States Fidelity and Guaranty Company, Respondent, and John Becker, Individually and Doing Business as Becker-McLean Company, Appellant.
(Appeal No. 2.)
[596 NYS2d 742]

Order reversed on the law without costs, motion denied, cross claims reinstated and cross motion granted. Same Memorandum as in Show Car Speed Shop v United States Fid. & Guar. Co. ( 192 AD2d 1063 [decided herewith]). All concur except Balio and Fallon, JJ., who dissent and vote to affirm in the same dissenting Memorandum as in Show Car Speed Shop v United States Fid. & Guar. Co. ( 192 AD2d 1063 ,1065 [decided herewith]). (Appeal from Order of Supreme Court, Seneca County, Falvey, J. — Summary Judgment.) Present — Denman, P. J., Green, Balio, Fallon and Boehm, JJ.