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HILL v. MOSS

52 A.D.2d 903 (1976)

Marjorie W. Hill et al., Respondents, v. Alvin Moss et al., Doing Business as Moss Twins, et al., Appellants-Respondents, and Maryland Casualty Insurance Company, Appellant. (And Third- and Fourth-Party Titles.)

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

May 17, 1976

We affirm on the opinion of Mr. Justice Graci at Trial Term.

His determination of the suit was fully warranted by the evidence. The documentary evidence, in particular, justifies his characterizations of the conduct of appellant Maryland. We add only that the manner and timing of Maryland's eve-of-trial assertion that it did not insure any party to the suit (aptly described by Allstate's attorney, Harold Fields, as "a bolt...

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