Letendre v. Hartford Accident & Indemnity Co.

21 N.Y.2d 518 (1968)

Victor E. Letendre, Respondent,

v.

Hartford Accident and Indemnity Company, Appellant.

Court of Appeals of the State of New York.

Argued January 2, 1968.

Decided February 29, 1968.

Homer E. Peters and Livingston T. Coulter for appellant.

Arthur J. Harvey and Thomas F. Farrell for respondent.

Chief Judge FULD and Judges SCILEPPI and BERGAN concur with Judge KEATING; Judge BREITEL dissents and votes to reverse and to grant a new trial in an opinion in which Judges BURKE and JASEN concur.

KEATING, J.

Victor E. Letendre owned a gas station and motel in Malta (near Saratoga Springs), New…