Schachter
v.
City of New York

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, First DepartmentJun 23, 1983
95 A.D.2d 731 (N.Y. App. Div. 1983)

June 23, 1983


Order of the Supreme Court, Bronx County (Irwin Silbowitz, J.), entered on February 19, 1982, which granted the cross motion for summary judgment by third-party defendant Julius Mock and Son, Inc., and denied the motion for summary judgment by defendant and third-party plaintiff John T. Brady Company, Inc., is reversed, on the law, with costs and disbursements to defendant and third-party plaintiff John T. Brady Company, Inc., and the motion for summary judgment by defendant and third-party plaintiff John T. Brady Company, Inc., granted. An examination of the stipulation with regard to the third-party action reveals that defendant and third-party plaintiff John T. Brady Company, Inc., stated that it would pursue its claim against third-party defendant Julius Mock and Son, Inc., but would be satisfied with whatever amounts were available under the policy of insurance written by Cosmopolitan Mutual Insurance Company, now in liquidation.

Concur — Sandler, J.P., Sullivan, Ross, Silverman and Milonas, JJ.