BRIDGER v. DONALDSON


36 A.D.2d 915 (1971)

Isabella Bridger, Individually and as Administratrix of The Estate of James E. Bridger, Deceased, Plaintiff, v. John J. Donaldson et al., Defendants Tenedine & Sons, Inc., Third-Party Plaintiff-Respondent, v. Merit Truck Leasing Co., Inc., Third-Party Defendant-Appellant

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

May 11, 1971


Respondent shall recover of appellant $50 costs and disbursements of this appeal. We agree with the statement in the dissenting opinion that the trial of liability issues with issues as to insurance coverage before the same jury is prejudicial and the courts have so held. We do not disagree with the cases cited in the dissent in support of this proposition. However, it must be noted that, in each of those cases, insurance companies were sought to be brought in as parties...

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