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In re the Arbitration between Empire Mutual Insurance & Kohulka

55 N.Y.2d 837 Court N.Y. Decision date 1982-01-07 English

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Majority

p. 837
In the Matter of the Arbitration between Empire Mutual Insurance Company, Appellant, and Max Kohulka, as Administrator of the Estate of John Kohulka, Deceased, Appellant, and Insurance Company of North America, Respondent.
Decided January 7, 1982
p. 838
APPEARANCES OF COUNSEL
Raymond J. MacDonald and Isabella Natale for Empire Mutual Insurance Company, appellant.
Frank A. Composto and Max Thaler for Max Kohulka, appellant.
Mary Ellen Burns for respondent.

OPINION OF THE COURT

On summary consideration, order affirmed, with costs. There was sufficient admissible proof of the office practice and procedure followed by respondent Insurance Company of North America and proof that the particular notice was mailed to Morgan to support the Appellate Division finding that Morgan’s insurance policy had been canceled prior to the date of the accident.

Concur: Chief Judge Cooké and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.