U.S. Fidelity and Guar. v. Triborough Bridge Auth

Full title: UNITED STATES FIDELITY AND GUARANTY COMPANY, Respondent, v. TRIBOROUGH…

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

Date published: Nov 16, 1945

269 App. Div. 978 (N.Y. App. Div. 1945)

Opinion

November 16, 1945.

Present — Martin, P.J., Dore, Cohn, Callahan and Wasservogel, JJ.;

Judgment affirmed, with costs to the plaintiff-respondent. No opinion.

Callahan, J., dissents and votes to modify by allowing the intervener all sums in excess of those claimed by plaintiff. (See Friedman v. Bd. of Education of City of New York, 256 App. Div. 318, affd. 280 N.Y. 829.)