BERNSTEIN v. ALLSTATE INS. CO.


56 Misc.2d 341 (1968)

Henry I. Bernstein, Plaintiff, v. Allstate Insurance Company, Defendant and Interpleading Plaintiff. George J. Seaman, Interpleaded Defendant.

Civil Court of the City of New York, New York County.

March 7, 1968


Attorney(s) appearing for the Case

Cooperman & Israel for Henry Bernstein, plaintiff. John J. Kennelly for Allstate Insurance Co., defendant and interpleading plaintiff. Hayt & Hayt for George J. Seaman, interpleaded defendant.


ALLEN MURRAY MYERS, J.

Plaintiff seeks to recover the sum of $1,500 from defendant, Allstate Insurance Company, this being the amount of a settlement of a negligence action against its assured. Allstate has interpleaded plaintiff's doctor, George J. Seaman. While Allstate admits that it is obligated to pay the amount of the settlement, it claims that it must pay $230 thereof to the plaintiff's doctor by virtue of an assignment of the proceeds of this...

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