EASTWAY v. N.Y. UNDERWRITING


86 Misc.2d 537 (1976)

Eastway Construction Corp., Plaintiff, v. New York Property Underwriting Association, Defendant.

Civil Court of the City of New York, Trial Term, New York County.

May 6, 1976


Attorney(s) appearing for the Case

Frank A. Weg, P. C., for plaintiff. Gross & Hope, Lockwood & Fennelly (Lester C. Lockwood of counsel), for defendant.


FELICE K. SHEA, J.

In this action upon an insurance policy for damages due to fire loss, a jury verdict has been rendered in the sum of $40,855. Upon stipulation of the parties, the affirmative defense of contribution pursuant to the pro rata liability clause contained in the policy was tried before the court. After trial, and after consideration of posttrial memoranda of law and oral argument, the court dismisses the

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