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ESTHER R. HOVER, Appellant, v. NATIONAL GRANGE INSURANCE COMPANY, Respondent.

Per Curiam.

The agreement sued upon is too indefinite for enforcement insofar as it constitutes a promise by defendant to settle plaintiff's claim ( Welden v. Frankfort Gen. Ins. Co., 230 N.Y. 546; Wood v. AEtna Life Ins. Co., 224 App. Div. 628; Habgood v. Van Dyke Taxi Transfer, 128 Misc. 884, affd. 220 App. Div. 801; Harbot v. Pennsylvania R.R. Co., 44 F. Supp. 319) . Insofar as it provides that defendant pay plaintiff's remaining medical expenses, if any, sufficient certainty exists ( Wood v. AEtna Life Ins. Co., supra). Accordingly, a new trial should be ordered on that issue, with costs to abide the event.

Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and SCILEPPI concur; Judge BERGAN taking no part.

Order modified in accordance with the opinion herein and a new trial granted, with costs to abide the event.

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HOVER v. NATIONAL GRANGE INSURANCE COMPANY
(Jun 4, 1964)