Home/New York Court of Appeals/Hertz Corp. v. DAHILL MOVING & STORAGE CO., INC.

Hertz Corp. v. DAHILL MOVING & STORAGE CO., INC.

425 N.E.2d 890, 54 N.Y.2d 619, 442 N.Y.S.2d 502, 1981 N.Y. LEXIS 2587
CourtNew York Court of Appeals
DecidedJune 16, 1981
StatusPublished
Cited by9 cases

This text of 425 N.E.2d 890 (Hertz Corp. v. DAHILL MOVING & STORAGE CO., INC.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hertz Corp. v. DAHILL MOVING & STORAGE CO., INC., 425 N.E.2d 890, 54 N.Y.2d 619, 442 N.Y.S.2d 502, 1981 N.Y. LEXIS 2587 (N.Y. 1981).

Opinion

OPINION OF THE COURT

On summary consideration, order, insofar as appealed from, affirmed, with costs. The claim of third-party defendant North River Ins. Co. that it was not apprised of the pendency of a motion for summary judgment against it is without merit. Having moved for summary judgment against the defendant and third-party plaintiff, Dahill Moving and Storage Co., Inc., North River exposed itself to an award of summary judgment in favor of Dahill. Moreover, North River was apprised of a motion by third-party defendant, W. M. Ross and Co., Inc., for summary judgment declaring that North River was solely liable and obligated to Dahill under the terms of the insurance policy issued by North River to Dahill. In these circumstances, it cannot be said that the award of summary judgment against North River was affected by an error of law.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Waghtler, Fughsberg and Meyer.

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Bluebook (online)
425 N.E.2d 890, 54 N.Y.2d 619, 442 N.Y.S.2d 502, 1981 N.Y. LEXIS 2587, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hertz-corp-v-dahill-moving-storage-co-inc-ny-1981.