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SCALA v. SCALA

13 A.D.2d 968 (1961)

Joseph Scala, Plaintiff, v. Salvatore Scala et al., Doing Business as Scala Bros., Respondents, et al., Defendants Salvatore Scala et al., Doing Business as Scala Bros., Third-Party Plaintiffs-Respondents, v. William Schreiber, Third-Party Defendant-Respondent, and United States Fidelity and Guaranty Company, Third-Party Defendant-Appellant, et al., Third-Party Defendants

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

June 5, 1961

Order appealed from reversed, with $10 costs and disbursements, and motion denied.

In the general contractors' moving affidavits it is stated that, prior to the plaintiff's service of a summons upon them about one year after the accident, they had no knowledge of the accident; and that, in any event, they were of the belief that this particular accident was not covered by the provisions of the policy. The showing made in...

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