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TRIPLE CITIES CONSTR. CO. v. MARYLAND CAS.

4 N.Y.2d 443 (1958)

Triple Cities Construction Co., a Copartnership, Appellant, v. Maryland Casualty Company, Respondent.

Court of Appeals of the State of New York.

Decided June 25, 1958.

Attorney(s) appearing for the Case

James B. Gitlitz for appellant.

William F. Conway for respondent.

Chief Judge CONWAY and Judges FROESSEL and VAN VOORHIS concur with Judge FULD; Judge BURKE dissents in an opinion in which Judges DESMOND and DYE concur.

FULD, J.

The plaintiff, maintaining that defendant Maryland Casualty Company had lulled it into inactivity to induce it to continue settlement negotiations until its lien had expired, asserted an estoppel against the defendant. The jury returned a verdict for the plaintiff, but the Appellate Division reversed the judgment and dismissed the complaint. We are called upon...

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