ISELIN CO., INC. v. FIREMAN’S FUND INSURANCE COMPANY, 69 N.Y.2d 908 (1987)

508 N.E.2d 932, 516 N.Y.S.2d 198

WILLIAM ISELIN CO., INC., Respondent, v. FIREMAN’S FUND INSURANCE COMPANY, Appellant.

Court of Appeals of the State of New York.Argued March 17, 1987
Decided April 23, 1987

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Alvin F. Klein, J.

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Jerome Murray, Robert G. Post and Robert Wang for appellant.

John E. Beerbower and Peter M. Dodson for respondent.

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). Certified question answered in the negative.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA. Taking no part: Judge ALEXANDER.