1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 48 A.D.2d
  5. 48 A.D.2d 281 (1975)
 

VANMINOS v. MERKLEY

48 A.D.2d 281 (1975)

Lydia VanMinos et al., Plaintiffs, v. Fred W. Merkley et al., Defendants and Third-Party Plaintiffs-Respondents; New Hampshire Insurance Company, Third-Party Defendant-Appellant

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

June 6, 1975

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (James H. Morgenstern of counsel), for third-party defendant-appellant.

Thomas O'Connell for third-party plaintiffs-respondents.

CARDAMONE and DEL VECCHIO, JJ., concur with GOLDMAN, J.; MOULE, J. P., and SIMONS, J., dissent and vote to reverse the order and grant the motion to dismiss third-party complaint, in an opinion by SIMONS, J.

GOLDMAN, J.

Third-party defendant, New Hampshire Insurance Co. (New Hampshire) appeals from a denial of its motion to dismiss the third-party complaint of Fred W. Merkley and Hazel E. Merkley (Fred, Sr. and Hazel). Appellant urges that the third-party complaint should have been dismissed "upon the ground that [its] defense is founded upon documentary evidence and that the third-party complaint fails to state...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases