(Download) "Howard Dolch v. Commercial Insurance Company Newark" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Howard Dolch v. Commercial Insurance Company Newark
- Author : Supreme Court of New York
- Release Date : January 08, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Memorandum: Order entered on August 1, 1961 denying defendant's motion for summary judgment, affirmed, with $20 costs and disbursements to the respondents. Plaintiffs, on February 27, 1959, recovered a judgment after inquest against the owner of a dwelling in an action for personal injuries which is unsatisfied. This action is against the owner's insurer on a liability policy covering the premises. Defendant's motion for summary judgment is grounded on an affidavit by an associate of defendant's attorney, largely hearsay, which includes the following: ""On June 12, 1957 the personal injury action came on for pre-trial * * * It appeared that corroborating proof that the premises was a multiple dwelling would be forthcoming as a basis for alleged liability."" The same affidavit alleges that the defendant insurer thereafter withdrew from the defense of the action ""because of the misrepresentation