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GREATER N. Y. INS. CO. v. PERRY

6 A.D.2d 432 (1958)

Greater New York Mutual Insurance Company, Appellant, v. Victory Perry, Defendant, and Arnold M. Frankel et al., Respondents

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

October 21, 1958.

Attorney(s) appearing for the Case

Alexander E. Rosenthal of counsel (Irving Segal, attorney), for appellant.

Morris H. Halpern (Meyer Turin with him on the brief), attorney, for respondents.

BREITEL, J. P., M. M. FRANK, VALENTE and STEVENS, JJ., concur.

McNALLY, J.

In this action for a declaratory judgment, plaintiff appeals from the dismissal of its complaint after a trial without a jury.

On June 8, 1954, plaintiff insurance company issued a public liability policy to defendant Hanover Construction Corp. (hereinafter called Hanover), the owner of premises 562 West End Avenue, New York City. The policy set forth the following insuring agreements:

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