WAUGH v. FIREMEN'S FUND INS. CO.


52 Misc.2d 141 (1966)

Arthur Waugh, as Attorney in Fact for C. Leonard Lapadula, Plaintiff, v. Firemen's Fund Insurance Company et al., Defendants. Stetter & Levy, Third-Party Plaintiffs, v. Continental Casualty Company, Third-Party Defendant.

Supreme Court, Special Term, New York County.

November 19, 1966


Attorney(s) appearing for the Case

Edward Nathan for plaintiff. Max J. Gwertzman for Firemen's Fund Insurance Company, defendant. Levy, Heller, Kessler & Walzer for Stetter & Levy, defendants and third-party plaintiffs. Harnett & Reid for third-party defendant.


MATTHEW M. LEVY, J.

The plaintiff Waugh brought this action as attorney in fact of one Lapadula on a fire insurance policy issued to the latter by the defendant company. There are other defendants against whom relief is sought on other bases — but their presence in the action is of no moment on the present issue. The relevant defenses pleaded by the insurer are, among others, fraud in the inducement of...

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