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GEORGE F. DEGEN v. EDWARD E. LUSTBADER ET AL. (07/16/68)

July 16, 1968

GEORGE F. DEGEN, APPELLANT-RESPONDENT,
v.
EDWARD E. LUSTBADER ET AL., RESPONDENT-APPELLANT, ET AL., DEFENDANTS



Coucur -- Stevens, Eager, Capozzoli and Tilzer, JJ.; Botein, P. J., who, notify that plaintiff became a director of the insurance company , dissents and votes to reverse and dismiss the complaint on the ground that it is not within the intendment of subdivision 7 of section 48 of the Insurance Law that directors should be liable to one of their number.

Ordered entered December 1, 1967, affirmed, without costs and without disbursements.

Botein, P.J., who, noting that plaintiff became a director of the insurance company, dissents and votes to reverse and dismiss the complaint on the ground that it is not within the intendment of subdivision 7 of section 48 of the Insurance Law that directors should be liable to one of their number.

19680716

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