McGROARTY v. GREAT AMER. INS.


43 A.D.2d 368 (1974)

John McGroarty, Appellant, v. Great American Insurance Company, Respondent

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

January 28, 1974.


Attorney(s) appearing for the Case

Wekstein, Friedman & Fulfree (Morton N. Wekstein and Richard W. Fulfree of counsel), for appellant.

Gottesman, Wolgel & Smith (Harold H. Wolgel of counsel), for respondent.

MARTUSCELLO, Acting P. J., and BRENNAN, J. concur with SHAPIRO, J.; MUNDER, J., dissents and votes to affirm, in an opinion, in which CHRIST, J., concurs.


SHAPIRO, J.

In an action against the defendant insurance company based on paragraph (b) of subdivision 1 of section 167 of the Insurance Law for failure to satisfy a judgment which the plaintiff had obtained against the defendant's insured, Colpan Realty Corp. (hereinafter Colpan), the trial court rendered a judgment in favor of the defendant. The plaintiff, owner of...

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