Opinion
Argued March 17, 1965
Decided April 15, 1965
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, MEIER STEINBRINK, Spec. Ref.
William F. O'Connor for appellant.
Louis H. Levine for Pearly Malone, respondent.
Order affirmed, with costs; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE, SCILEPPI and BERGAN. Judge VAN VOORHIS dissents and votes to reverse and to grant declaratory judgment in favor of plaintiff upon the ground that notice was not given to plaintiff by the assured "as soon as practicable" as matter of law.