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SCALA v. BASS

21 A.D.2d 912 (1964)

Joseph Scala, Respondent, v. Max Bass, Defendant, and Salvatore Scala et al., Defendants and Third-Party Plaintiffs-Respondents. William Schreiber, Third-Party Defendant-Respondent; 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.

July 9, 1964

Order affirmed, with $10 costs and disbursements.

In our opinion, proof of noncoverage, if otherwise competent and material, may be received, under the circumstances of this record, under a general denial (Tolmie v. Fidelity & Cas. Co., 95 App. Div. 352, affd. 183 N.Y. 581). The third-party defendant is not foreclosed, by its failure to appeal from the previous order striking out its defense of noncoverage, from offering such proof under the denials contained...

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