NADLER'S, INC. v. CONSOL. OIL BURNER SERV.


38 A.D.2d 975 (1972)

Nadler's, Inc., Respondent, v. Consolidated Oil Burner Service, Respondent. Forson's, Inc., Respondent, v. Alice E. Miles et al., Respondents. Globe Indemnity Company, Appellant

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

March 27, 1972


Order modified, on the law and the facts, by striking therefrom the first two decretal paragraphs and substituting therefor a provision denying plaintiffs' application for relief against Globe Indemnity Company, without prejudice to the rights of defendant Consolidated Oil Burner Service to proceed against Globe Indemnity Company on the question of the latter's disclaimer of liability. As so modified, order affirmed insofar as appealed from, without costs.

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