Hessian Hills Country Club v. Hartford F. Ins. Co.

Full title: HESSIAN HILLS COUNTRY CLUB, INC., Plaintiff, and ABE FISCHER, Appellant…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 18, 1932

236 App. Div. 617 (N.Y. App. Div. 1932)

260 N.Y.S. 811

Opinion

November 18, 1932.

Appeal from Supreme Court of New York County.

Alfred B. Nathan of counsel [ A.J. Asche with him on the brief; Moos, Nathan, Imbrey Levine, attorneys], for the appellant.

Almond D. Fisk of counsel [ Avery, Taussig Fisk, attorneys], for the respondents.

TOWNLEY, J.

For the reasons stated in the opinion in Hessian Hills Country Club, Inc., v. Home Ins. Co. ( 236 App. Div. 615), decided herewith, the order should be reversed, with twenty

[*] Appeal dismissed, 260 N.Y. 681. dollars costs and disbursements, and the motion granted, with ten dollars costs, to the extent of ordering an assessment of the amount due the plaintiff Fischer under his policy and directing a severance of the action of the Hessian Hills Country Club, Inc., against the defendants.

FINCH, P.J., MARTIN and O'MALLEY, JJ., concur; McAVOY, J., takes no part.

Order reversed, with twenty dollars costs and disbursements, and motion granted, with ten dollars costs, to the extent of ordering an assessment of the amount due the plaintiff Fischer under his policy and directing a severance of the action of the Hessian Hills Country Club, Inc., against the defendants. Settle order on notice.