245 East 37th Street, Inc. v. Fireman's Fund Indemnity Co.

Appellate Division of the Supreme Court of New York

245 East 37th Street, Inc. v. Fireman's Fund Indemnity Co.

275 A.D.2d 713

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 7, 1949

StatusPublished

This text of 275 A.D.2d 713 (245 East 37th Street, Inc. v. Fireman's Fund Indemnity Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

245 East 37th Street, Inc. v. Fireman's Fund Indemnity Co., 275 A.D.2d 713 (N.Y. Ct. App. 1949).

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Opinion

The pleadings in the action brought by respondent’s former tenant sufficiently alleged, inter alia, a claim for damages against respondent for bodily injuries caused by accident, within the meaning of appellant’s policy; and on appellant’s refusal to defend such action, insofar as it related to such claim, respondent is entitled to recover his necessary expenses, insofar as they were incurred in such defense, to be determined on an assessment [714]*714of damages as directed hy the City Court. Present — Nolan, P. J., Carswell, Johnston, Adel and Sneed, JJ. [See post, p. 770.]

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The pleadings in the action brought by respondent’s former tenant sufficiently alleged, inter alia, a claim for damages against respondent for bodily injuries caused by accident, within the meaning of appellant’s policy; and on appellant’s refusal to defend such action, insofar as it related to such claim, respondent is entitled to recover his necessary expenses, insofar as they were incurred in such defense, to be determined on an assessment [714]*714of damages as directed hy the City Court. Present — Nolan, P. J., Carswell, Johnston, Adel and Sneed, JJ. [See post, p. 770.]

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Bluebook (online)

275 A.D.2d 713, Counsel Stack Legal Research, https://law.counselstack.com/opinion/245-east-37th-street-inc-v-firemans-fund-indemnity-co-nyappdiv-1949.