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MTR. OF ROSENBAUM (AMER. SUR. CO., N. Y.)

11 N.Y.2d 310 (1962)

In the Matter of Arbitration between Jeanette Rosenbaum, as Executrix of Samuel Rosenbaum, Deceased, Appellant, and American Surety Company of New York, Respondent.

Court of Appeals of the State of New York.

Decided May 17, 1962.

Attorney(s) appearing for the Case

Philip H. Magner, Jr., and Charles D. Brown for appellant.

Lowell Grosse for respondent.

Judges VAN VOORHIS, BURKE and FOSTER concur wth Chief Judge DESMOND; Judge DYE dissents and votes to modify in an opinion in which Judges FULD and FROESSEL concur.

Chief Judge DESMOND.

In 1956 appellant's testator (her husband) died as the result of injuries which, asserts appellant, were caused when he was struck by two automobiles, one of which, she alleges, was uninsured. At the time of that alleged accident there was in effect a policy of automobile liability insurance issued by respondent as to an automobile owned by appellant and her husband. The policy contained...

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