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El-Mel Realty Corp. v. Empire Mutual Insurance

17 N.Y.2d 901 Court N.Y. Decision date 1966-06-09 English

Contents

Majority

p. 901
El-Mel Realty Corp., Plaintiff, and Melvin Picture Frame Co., Inc., Appellant, v. Empire Mutual Insurance Company, Respondent.
Argued May 31, 1966;
decided June 9, 1966.
p. 903
Gilbert Goldstein and Lawrence Kovalsky for appellant.
Philip Hoffer, Raymond J. MacDonnell, Rose L. Hoffer and Peter T. Affatato for respondent.

Order affirmed, without costs; no opinion.

Concur: Chief Judge Desmond and Judges Van Voorhis, Burke, Scileppi and Bbrgan. Judges Fuld and Keating dissent and vote to reverse and to reinstate the order of the Appellate Term on the ground that there was an ambiguity in. the policy which should be resolved in favor of appellant.