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PHOENIX ASSURANCE CO. OF NEW YORK v. HUNT AGENCY INC.

19 A.D.2d 882 (1963)

Phoenix Assurance Company of New York, Plaintiff, v. Hunt Agency Inc., Defendant and Third-Party Plaintiff-Respondent. Metropolitan Fire Assurance Company et al., Third-Party Defendants-Appellants

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

November 21, 1963

Order, entered on May 13, 1963, affirmed, with $20 costs and disbursements to the respondent.

We find the third-party complaint to be legally sufficient. Defendant in the main action may be held liable to plaintiff upon any one of three stated causes of action for breach of contract, fraud or negligence. The two third-party defendants are alleged to be principal and agent. Upon the trial it might be found that defendant, as agent of the plaintiff, breached its contract...

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