First National Bk. of Highland v. Merchant's Mut. Ins. Co.

Full title: FIRST NATIONAL BANK OF HIGHLAND, Respondent, v. MERCHANT'S MUTUAL…

Court: Court of Appeals of the State of New York

Date published: Feb 5, 1980

49 N.Y.2d 725 (N.Y. 1980)

426 N.Y.S.2d 267

402 N.E.2d 1168

Opinion

Argued January 2, 1980

Decided February 5, 1980

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, ROBERT J. SISE, J.

Vincent Bradley and Daniel J. Gaffney for appellant.

John G. Sisti for respondent.

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 A.D.2d 59, 61-62).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.