79 Misc. 2d 241 | N.Y. App. Term. | 1973

*242Memorandum. Judgment affirmed, with $25 costs.

In view of the decision in Berlowitz v. Horowitz (250 App. Div. 728 [2d Dept., 1937]), we are constrained to affirm the judgment (cf. Navrides v. Zurich Ins. Co., 5 Cal. 3d 698).

Concur — Croat, P. J., Schwartzwald and Margett, JJ.

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