SCHLOSSER BROS. v. MASS. INS. CO.


17 Misc.2d 793 (1959)

Schlosser Bros., Excavators, Inc., Plaintiff, v. Massachusetts Bonding and Insurance Company, Defendant.

Supreme Court, Special and Trial Term, New York County.

June 4, 1959.


Attorney(s) appearing for the Case

Abrams & Bleich (Joseph Bleich of counsel), for plaintiff.

Anthony De Cicco and James J. McLaughlin for defendant.


SAMUEL H. HOFSTADTER, J.

This action upon a comprehensive general liability policy, insuring against liability for personal injury and property damage was tried upon an agreed statement of facts.

The plaintiff, as its name indicates, is engaged in the excavation business. During the course of an excavation operation, conducted while the policy in suit was in force, the plaintiff contributed to or caused the collapse of an adjacent building. Thereupon...

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