William Iselin & Co., Inc. v. Fireman's Fund Ins. Co.

Decision Date23 April 1987
Parties, 508 N.E.2d 932 WILLIAM ISELIN & CO., INC., Respondent, v. FIREMAN'S FUND INSURANCE COMPANY, Appellant.
CourtNew York Court of Appeals Court of Appeals
OPINION OF THE COURT

Order modified, with costs to defendant, by denying plaintiff's cross motion to dismiss the fourth, fifth and sixth affirmative defenses and as so modified, affirmed for the reasons stated in the dissenting in part opinion by Justice Leonard H. Sandler at the Appellate Division (117 A.D.2d 86, 93-96, 501 N.Y.S.2d 846). Certified question answered in the negative.

WACHTLER, C.J., and SIMONS, KAYE, TITONE, HANCOCK and BELLACOSA, JJ., concur.

ALEXANDER, J., took no part.

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