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ÆTNA CAS. & SUR. v. McCULLOUGH

41 A.D.2d 161 (1973)

Aetna Casualty and Surety Company, Respondent, v. Robert G. McCullough, Appellant

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

March 13, 1973.

Attorney(s) appearing for the Case

Donald Tirschwell for appellant.

Arthur Lambert of counsel (Hendler & Murray, attorneys), for respondent.

MARKEWICH, MURPHY and CAPOZZOLI, JJ., concur with STEVENS, P. J.; KUPFERMAN, J., dissents in part in opinion.

STEVENS, P. J.

Judgment entered April 18, 1972, in New York County, after nonjury trial (HELMAN, J.) affirmed, with costs to respondent.

Plaintiff sued as assignee of New York Telephone Company, assignor's former employee, to recover damages occasioned the former employer by reason of defendant's willful and wrongful conduct.

All of us are agreed on the question of defendant's liability. The dissent...

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