New York Court of Appeals, 1976

Allstate Insurance v. Dailey

New York Court of Appeals · Decided April 27, 1976

39 N.Y.2d 759; 349 N.E.2d 876; 384 N.Y.S.2d 776; 1976 N.Y. LEXIS 2702

Opinion

Order affirmed, with costs, on the opinion by Mr. Justice James D. Hopkins at the Appellate Division (47 AD2d 375), noting, however, that Roehrich v Holt Motor Co. (201 Minn 586) cited therein (47 AD2d 375, 377) has been overruled by Fischer v Market Ford Sales (225 NW2d 370 [Minn]).

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

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