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HAMMER v. CONT'L INS

113 Misc.2d 212 (1982)

Jon H. Hammer et al., Plaintiffs, v. Continental Insurance Companies et al., Defendants.

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

March 24, 1982

Attorney(s) appearing for the Case

Burns, Hammer & Burns (Jon H. Hammer of counsel), for plaintiffs. Grubbs, Alio & Donovan (Simon P. Richards of counsel), for defendants.

HAROLD TOMPKINS, J.

Plaintiff Jon H. Hammer, a practicing attorney, seeks to recover damages from the defendants Continental Insurance Companies and Continental Insurance Company (Continental) for negligently stopping payment on a draft issued to plaintiff and his client in settlement of a personal injury action.

Mr. Hammer was the only witness called at trial. He testified in substance that pursuant to a negotiated settlement, the lawsuit entitled...

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