Majority
p. 725First National Bank of Highland, Respondent, v Merchant’s Mutual Insurance Company, Appellant. Argued January 2, 1980; decided February 5, 1980
p. 726
APPEARANCES OF COUNSEL
Vincent Bradley and Daniel J. Gaffney for appellant.
John G. Sisti for respondent.
OPINION OF THE COURT
Order reversed, with costs, and summary judgment granted in favor of defendant dismissing the complaint for the reasons stated in the dissenting opinion by the late Mr. Justice John L. Larkin at the Appellate Division ( 65 AD2d 59 , 61-62).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.
Cases cited
- First National Bank of Highland v. Merchants Mutual Insurance 65 AD2d 59 at 61-62 p. 726