B & H MGMT. v. HARDWARE CAS. CO.


9 A.D.2d 533 (1960)

B & H Management Corp., Plaintiff, v. Hardware Mutual Casualty Company, Defendant

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

February 16, 1960.


Attorney(s) appearing for the Case

Joseph Heller of counsel (Martin Heller with him on the brief; Joseph Heller, attorney), for plaintiff.

August C. Flamman for defendant.

M. M. FRANK, VALENTE, McNALLY and STEVENS, JJ., concur in Per Curiam opinion; RABIN, J. P., dissents and votes for judgment for defendant, in opinion.


Per Curiam.

This is a submission of controversy under sections 546 to 548 of the Civil Practice Act. The underlying question is whether a liability insurance policy for premises 68 Greene Street, New York City, issued by the defendant to the plaintiff covers liability on a claim which was the subject of an action against the plaintiff on the facts hereinafter stated.

On February 25, 1958, the basement premises...

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