STATE INS. COMRS. v. COSMOPOLITAN INS. CO.


26 Misc.2d 857 (1960)

Commissioners of the State Insurance Fund, Plaintiff, v. Cosmopolitan Mutual Insurance Company, Defendant.

Supreme Court, Special Term, New York County.

December 1, 1960


Attorney(s) appearing for the Case

Charles G. Tierney (Arnold M. Herzog and Leonard M. Schnitzer of counsel), for plaintiff. Emanuel Morgenbesser for defendant.


JACOB MARKOWITZ, J.

Plaintiff moves for an order dismissing the counterclaim upon the ground that the court has not jurisdiction thereof and for summary judgment upon the complaint.

Plaintiff had been the compensation insurance carrier of Doran Construction Co., Inc. Its employee, one John J. O'Brien, instituted a third-party action against Muro Transit Mix Corp., and recovered a judgment against it...

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