AM. HOME ASSUR. v. BOTTO


31 Misc.2d 277 (1961)

American Home Assurance Company, Plaintiff, v. Richard Botto et al., Copartners Doing Business under the Name of Botto Sanitary Service, Defendants.

Supreme Court, Special Term, Queens County.

August 9, 1961


Attorney(s) appearing for the Case

Marvin, Montfort, Healy & Cuff for Richard Wesnofske, defendant. Max J. Gwertzman for plaintiff.


GEORGE P. STIER, J.

An insured brought an action against his insurance company for the payment of a claim under the policy of insurance issued by plaintiff. That action is now pending, undetermined, in the Municipal Court of the City of New York, Borough of Queens. The insurance company subsequently brought a separate action in this court against the persons who it claims negligently caused the loss, upon the basis of which its assured claims payment...

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