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TAPLIN v. STEVENS

280 A.D. 960 (1952)

Mabel Taplin, as Executrix of Lee Taplin, Deceased, Plaintiff, v. Earl S. Stevens, Defendant and Third-Party Plaintiff-Respondent New England Insurance Company, Third-Party Defendant-Appellant Mabel Taplin, Plaintiff, v. Earl S. Stevens, Defendant and Third-Party Plaintiff-Respondent. New England Insurance Company, Third-Party Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 2, 1952.

Order reversed on the law and facts, with $10 costs and disbursements, and motion granted, with $10 costs.

Memorandum:

While the third-party complaints sufficiently state a cause of action for indemnity against the third-party defendant, the trial of issues relating to the liability of the third-party defendant under its contract of insurance, with the issues in the tort actions, would undoubtedly be prejudicial to the third-party defendant. (Caserta v...

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