ASSOCIATED INDEMNITY CORPORATION v. GARROW CO.


39 F.Supp. 100 (1941)

ASSOCIATED INDEMNITY CORPORATION v. GARROW CO., Inc., et al.

District Court, S. D. New York.

June 3, 1941.


Attorney(s) appearing for the Case

Joseph M. Leahey, of New York City, for plaintiff.

Harry L. Fein, of New York City, for defendant Garrow Company, Inc.

Alphonse J. D'Auria, of New York City, for defendant 100 Bennett Avenue Corp.

Louis Solomon, of New York City (Isidor Enselman, of New York City, of counsel), for defendant Esposito.


CLARK, Circuit Judge (sitting as District Judge pursuant to statutory designation).

Plaintiff, insurer on a public liability policy to defendant Garrow Company, Inc., seeks a declaration that, by reason of the failure of the insured to give the "immediate written" notice required by the policy, it has no liability to protect or indemnify the latter against a claim of defendant Esposito in the Supreme Court of the State of New York for damages for personal injury by...

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