JESSE E. KAHN, INC. v. DRISCOLL CO.


1 Misc.2d 405 (1955)

Jesse E. Kahn, Inc., Plaintiff, v. George F. Driscoll Company et al., Defendants, and Giamboi Bros. Inc., Defendant and Third-Party Plaintiff. Massachusetts Bonding and Insurance Company, Third-Party Defendant. Robert Catino et al., Doing Business under the Name of Robert Catino, Plaintiffs, v. Massachusetts Bonding and Insurance Company, Defendant.

Supreme Court, Special Term, New York County.

October 24, 1955.


Attorney(s) appearing for the Case

Anthony J. De Cicco, J. Gerard Hargous and John J. J. Jones for Massachusetts Bonding and Insurance Company, third-party defendant and defendant.

Arthur N. Field and Henry Uselaner for defendant and third-party plaintiff.

Resnick, Barr & Resnick for Robert Catino and another, doing business under the name of Robert Catino, plaintiffs.


MATTHEW M. LEVY, J.

These two matters may well be considered together, although all but one of the parties are strangers to each other, many of the basic facts in one action are not the same as in the other, and the relief requested in each is different. That the Massachusetts Bonding and Insurance Company is involved in both cases and that an identical policy of indemnity insurance written by it is the subject...

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