HELOU v. NATIONWIDE MUT. INS.


25 A.D.2d 179 (1966)

Maurice Helou, Sr., et al., Respondents, v. Nationwide Mutual Insurance Co., Appellant, and Phoenix Assurance Company of New York, Respondent, et al., Defendants

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

March 30, 1966.


Attorney(s) appearing for the Case

Hesson, Ford & Grogan (Edward J. Grogan of counsel), for appellant.

Tepedino & Fisher (Richard E. Bolton of counsel), for Maurice Helou, Sr., and another, respondents.

Maynard, O'Connor & Smith (Michael E. Catalinotto of counsel), for Phoenix Assurance Company of New York, respondent.

Huberty, Bloomberg, Sgarlata & Smith for Pauline Campanella, defendant.

GIBSON, P. J., TAYLOR, AULISI and HAMM, JJ., concur.


HERLIHY, J.

Two appeals are here involved. The first is by defendant Nationwide Mutual Insurance Company from an order granting the motion of the defendant, the Phoenix Assurance Company of New York, for summary judgment dismissing the plaintiffs' complaint against it. The second appeal is from a purported order embodying, or entered upon a decision awarding judgment to plaintiff, Maurice Helou, Jr., in an action...

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