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FIRST NATIONAL BANK OF HIGHLAND, Respondent, v. MERCHANT'S MUTUAL INSURANCE COMPANY, Appellant.

Order reversed, with costs, and summary judgment granted in favor of defendant dismissing the complaint for the reasons stated in the dissenting opinion by the late Mr. Justice JOHN L. LARKIN at the Appellate Division ( 65 A.D.2d 59, 61-62).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

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FIRST NATIONAL BK. OF HIGHLAND v. MERCHANT'S MUT. INS
(Feb 5, 1980)