Phillips v. American Union Fire Insurance Co. of Philadelphia

Majority

p. 938

Harry E. Phillips, Appellant, v. American Union Fire Insurance Company of Philadelphia, Pa., Defendant. Charles Johnson, Commissioner of Insurance of the Commonwealth of Pennsylvania, Respondent.

Headnote

Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 33d day of March, 1915, granting the respondent’s motion to be permitted to come in as an additional party defendant.

The original defendant having been dissolved, the action

has abated as to it. The moving party, having succeeded to all the rights of the original defendant, is entitled to be substituted as defendant in the action. The order, therefore, should be modified by providing that the Commissioner of Insurance of the Commonwealth of Pennsylvania be substituted in place of the original defendant, and as so modified affirmed, without costs. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Order modified as directed in opinion, and as modified affirmed, without costs. Order to be settled on notice.