Nationwide Mutual Insurance v. Liberty Mutual Insurance

OPINION OF THE COURT

Order affirmed, with costs, on the opinion by Mr. Justice Oliver C. Sutton at Supreme Court, New York County. In view of the affirmed finding that no sale was effectuated, it is not necessary to consider the issue presented in Phoenix Ins. Co. v Guthiel (2 NY2d 584).

Concur: Chief Judge Breitel and Judges Jasen, Wachtler, Fuchsberg and Cooke. Judges Gabrielli and Jones concur in the following memorandum: We concur in result only. Rather than requiring the courts below to strain their powers of imagination and to stretch familiar principles of law to reach an equitable…