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THE AETNA CASUALTY AND SURETY COMPANY, Appellant, v. FLEISCHMAN WINE AND LIQUOR CO., INC., Respondent.

Order of the Appellate Division and that of the Special Term reversed, with costs to appellant in all courts, and the motion granted on authority of Continental Casualty Co. v. National Slovak Sokol, Inc. ( 269 N.Y. 283). First and fourth questions certified answered in the negative. Fifth question certified answered in the affirmative. Second and third questions certified not answered. No opinion.

Concur: CRANE, Ch. J., O'BRIEN, HUBBS and FINCH, JJ. Dissenting: LEHMAN, CROUCH and LOUGHRAN, JJ.

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AETNA CAS. AND SUR. v. FLEISCHMAN WINE LIQ
(Jan 7, 1936)