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KRAUSE v. AMER. GUAR. & LIAB. INS. CO.

22 N.Y.2d 147 (1968)

Sydney Krause, as Trustee for the Benefit of the Class a Creditors of D. R. Comenzo & Co., Inc., Plaintiff-Appellant, v. American Guarantee and Liability Insurance Company, Defendant-Respondent and Third-Party Plaintiff-Respondent. American Express Company, Third-Party Defendant-Appellant. Charles Seligson, as Trustee in Bankruptcy of Ira Haupt & Co., Plaintiff, v. Fidelity and Casualty Company of New York, Defendant and Third-Party Plaintiff-Respondent. American Express Company, Third-Party Defendant-Appellant.

Court of Appeals of the State of New York.

Decided May 16, 1968.

Attorney(s) appearing for the Case

Peter H. Kaminer, Edwin J. Wesely, Marie L. McCann, Arthur A. Munisteri and Elizabeth F. Defeis for third-party defendant-appellant in both actions.

George J. Hirsch for plaintiff-appellant in the first above-entitled action.

Covington Hardee, William C. Blind, Leonard P. Gaines, John T. Moran, Jr., and David J. Sweet for respondent in both actions.

In Seligson v. Fidelity & Cas. Co. of N. Y.: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN concur.

KEATING, J.

These two actions, both having their origins in the great "salad oil swindle", are here by leave of the Appellate Division on a certified question and present a common issue of procedural law. The plaintiff in each case is a trustee in bankruptcy for one of the victims of the financial and other manipulations of one Anthony De Angelis, president of the Allied Crude Vegetable Oil Refining Corporation...

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