First National Bank v. Merchant's Mutual Insurance (49 N.Y.2d 725, 1980)

OPINION OF THE COURT

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 AD2d 59, 61-62).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.