EMPLOYERS LIAB. CO. v. INDEM. INS. CO.


37 Misc.2d 421 (1962)

Employers Mutual Liability Insurance Company of Wisconsin, as Subrogee of Gilman Paper Company, Plaintiff, v. Indemnity Insurance Company of North America et al., Defendants.

Supreme Court, Special and Trial Term, New York County.

November 19, 1962


Attorney(s) appearing for the Case

William F. McNulty for plaintiff. George J. Conway and Russell B. Greaves for Indemnity Insurance Company of North America, defendant. Hartsell, Harrington & Jacobs (Samuel E. Saviggett of counsel), for Zurich Insurance Company and another, defendants.


ABRAHAM N. GELLER, J.

The facts underlying this controversy between insurance companies are simple and undisputed, but the legal conclusions deducible therefrom require careful analysis. The parties to this nonjury trial having waived formal findings, this opinion, stating the essential facts found and the conclusions of law reached by the court, constitutes its decision pursuant to section 440 of the Civil Practice Act.

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