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GLENS FALLS INS. CO. v. REYNOLDS

3 A.D.2d 686 (1957)

Glens Falls Insurance Company, Plaintiff, v. John O. Reynolds, Individually and Doing Business as Reynolds Lumber Company, Defendant, and Third-Party Plaintiff-Appellant. Leonard Paquet et al., as Copartners Doing Business as Albert Gauthier Logging Company, Third-Party Defendants, and James Curry, Third-Party Defendant-Respondent

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

January 24, 1957

It pleads both a breach of specific contract and negligence in the performance of the professional service when the allegations are read favorably to the pleader. The client may elect to proceed on either the theory of breach of contract or in tort. (Church v. Mumford, 11 Johns. 479; Hamilton v. Dannenberg, 239 App. Div. 155; O'Neil v. Gray, 30 F.2d 776; Crowley v. Johnston, 96 App. Div. 319.) But the applicable...

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