SCHOOLEY v. ÆTNA CAS. & SUR. CO.


12 A.D.2d 152 (1961)

Ralph L. Schooley, Doing Business as R. L. Schooley Pipe Line Excavating Contractors, Respondent, v. Ætna Casualty and Surety Company, Appellant; Wallace Steel and Supply Company, Respondent, et al., Defendants

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

January 5, 1961.


Attorney(s) appearing for the Case

Winchell, Macken, Goldwater & Connors (Richard H. Connors of counsel), for appellant.

Sidney J. Salzman for Ralph L. Schooley, respondent.

Brown, Zurett & Sullivan (William V. Gough of counsel), for Wallace Steel & Supply Company, respondent.

Present — WILLIAMS, P. J., GOLDMAN, HALPERN, McCLUSKY and HENRY, JJ.


Per Curiam.

This is an appeal from a judgment declaring that certain exclusions in a public liability policy issued to the plaintiff had been waived by a certificate and rider issued by defendant insurance company.

On August 6, 1956, the Wallace Steel & Supply Co. of Ithaca, New York, entered into a written contract with the New York State Electric and Gas Corporation for the removal of certain gas holders...

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