Indemnity Insurance of North America v. Farkas

Appellate Terms of the Supreme Court of New York

Indemnity Insurance of North America v. Farkas

195 Misc. 554, 89 N.Y.S.2d 741, 1949 N.Y. Misc. LEXIS 2325

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 28, 1949

StatusPublished

Cited by1 cases

This text of 195 Misc. 554 (Indemnity Insurance of North America v. Farkas) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Indemnity Insurance of North America v. Farkas, 195 Misc. 554, 89 N.Y.S.2d 741, 1949 N.Y. Misc. LEXIS 2325 (N.Y. Ct. App. 1949).

Pincite

Opinion

Per Curiam.

The fidelity bond specified the defendant as one who " has been duly appointed Employee in the Department of Marine and Aviation of the City of New York.” The term ‘ employee ’ ’ is plain and unambiguous. There is nothing either in the bond or in the record to justify giving it the technical meaning of accountant ’ ’. Within the recital of the bond and the evidence, the defendant was an employee and liable by subrogation to the surety.

The judgment should be reversed, with $30 costs, and judgment directed for plaintiff as prayed for in the complaint, with costs.

Hofstadtee, Pecoea and Heoht, JJ., concur.

Judgment reversed, etc.

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