It is not often that two judges on the New York Court of Appeals leave the court at the same time, as is occurring now with Judge Victoria A. Graffeo (whose 14-year term is coming to a close) and Judge Robert S. Smith (who has reached the retirement age of 70). Both judges have made invaluable contributions to insurance law, with each writing approximately 20 separate opinions (majority or dissent) involving various aspects of insurance law.

Judges Graffeo and Smith voted in favor of insurance companies in some instances and in favor of policyholders in others. Both wrote majority decisions and both dissented. They voted together in most instances, but they also found themselves on opposite sides of a number of questions of insurance law.

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