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MADAWICK CONTR. CO. v. TRAVELERS INS. CO.

307 N.Y. 111 (1954)

Madawick Contracting Co., Inc., Appellant, v. Travelers Insurance Company et al., Respondents.

Court of Appeals of the State of New York.

Decided May 27, 1954

Attorney(s) appearing for the Case

Stephen J. Masse and Albert A. DuPont for appellant.

John G. Donovan and Louis P. Galli for Travelers Insurance Company, respondent.

Clarence C. Meleney for Fred T. Ley & Co., Inc., respondent.

John G. Jackson for American Arbitration Association, Inc., Woodson D. Scott for Chamber of Commerce of the State of New York, John T. Carr Lowe for American Institute of Architects, Samuel L. Rosenberry for New York Stock Exchange and John K. Watson for General Arbitration Council of the Textile Industry, amici curiæ.

LEWIS, Ch. J., CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

VAN VOORHIS, J.

This action concerns the liability of an insurance company carrying liability insurance protecting a subcontractor against its contractual obligation to indemnify the general contractor against "liability imposed upon the Contractor by law for damages because of (a) * * * and (b) Injury to or destruction of property caused by accident, due to any act or omission of the Subcontractor, his employees or agents...

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