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In re the Arbitration between Aetna Casualty & Surety Co. & Bruton

45 N.Y.2d 871 Court N.Y. Decision date 1978-10-19 English

Contents

Majority

p. 871
In the Matter of the Arbitration between Aetna Casualty and Surety Company, Appellant, and Wilbert Bruton et al., Respondents.
Argued September 13, 1978;
decided October 19, 1978
p. 872
APPEARANCES OF COUNSEL
Joseph D. Ahearn and J. Robert Morris for appellant.
Larry E. Ribowsky for respondents.

OPINION OF THE COURT

Order reversed and the matter remitted to Supreme Court, New York County, with costs to abide the event, for a hearing on the issue of coverage on the dissenting memorandum by Mr. Justice Samuel J. Silverman at the Appellate Division ( 58 AD2d 553 -554).

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.