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LENZNER CORP. v. ÆTNA CAS. & SUR.

20 A.D.2d 305 (1964)

Sol Lenzner Corporation, Appellant, v. Ætna Casualty & Surety Company, Defendant-Respondent and Third-Party Plaintiff-Respondent. Ruth S. Korn, Third-Party Defendant-Respondent

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

February 20, 1964.

Attorney(s) appearing for the Case

Jaeckle, Fleischmann, Kelly, Swart & Augspurger (Joseph F. Shramek of counsel), for appellant.

Vaughan, Brown, Kelly, Turner & Symons (Mark N. Turner, Thomas E. Hagmeir and Frederick D. Turner of counsel), for third-party plaintiff-respondent.

Brownstein & Canale (Mark N. Turner of counsel), for third-party defendant-respondent.

WILLIAMS, P. J., BASTOW, HENRY, NOONAN and DEL VECCHIO, JJ., concur.

Per Curiam.

Special Term denied plaintiff's motion to dismiss a third-party complaint served by defendant and plaintiff appeals. In the basic complaint recovery is sought for the monetary limit stated in a policy issued to plaintiff by defendant. Therein the insurer, among other things, agreed to indemnify plaintiff for any loss sustained through any fraudulent or dishonest act of any employee of plaintiff. It is alleged...

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