Employers' Liability Assurance Corp. v. Aresty

Full title: EMPLOYERS' LIABILITY ASSURANCE CORPORATION, LTD., Respondent, v. JOSEPH…

Court: Court of Appeals of the State of New York

Date published: Jan 25, 1962

180 N.E.2d 916 (N.Y. 1962)

180 N.E.2d 916

225 N.Y.S.2d 764

Opinion

Argued January 9, 1962

Decided January 25, 1962

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, EDGAR J. NATHAN, JR., J.

Henry J. Smith and Thomas P. O'Malley for appellant.

William F. McNulty for respondent.

Judgment affirmed, with costs, upon the majority opinion in the Appellate Division. No opinion.

Concur: Chief Judge DESMOND and Judges DYE, FROESSEL and FOSTER. Judges FULD, VAN VOORHIS and BURKE dissent and vote to reverse and to dismiss the complaint for the reasons stated in the dissenting opinion at the Appellate Division.