National Sur. Corp. v. Silver

Full title: NATIONAL SURETY CORPORATION, Respondent, v. RODGER M. SILVER, Appellant

Court: Court of Appeals of the State of New York

Date published: Dec 30, 1965

214 N.E.2d 162 (N.Y. 1965)

214 N.E.2d 162

266 N.Y.S.2d 983

Opinion

Submitted November 29, 1965

Decided December 30, 1965

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, THOMAS C. CHIMERA, J.

Benjamin Weberman for appellant.

Samuel Komoroff for respondent.

Order of Appellate Division reversed, without costs, and that of Special Term reinstated, for the reasons stated by Justice EAGER in his dissenting opinion at the Appellate Division.

Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS and BERGAN. Judges DYE, BURKE and SCILEPPI dissent and vote to affirm.