Insurance of Pennsylvania v. Park & Pollard Co.

Majority

p. 935

Insurance Company of the State of Pennsylvania, Respondent, v. The Park & Pollard Company, Appellant, Impleaded with The Stuyvesant Insurance Company and The Industrial Fire Insurance Company, Respondents, and Another.

Headnote

Appeal from an order of the Supreme Court, entered in the New York county clerk’s office November 6, 1919, granting plaintiff’s motion to enjoin the defendant The Park & Pollard Company from prosecuting any actions against the defendants, respondents, upon any of the issues in this action during tho pendency thereof.

The Court of Appeals ( 229 N. Y. 631 ) having on October 19, 1920, affirmed the judgment of this court, reported in 190 Appellate Division, 388, sustaining the demurrer to the complaint herein without giving leave to amend, tho order appealed from is reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs. Present &emdash; Clarke, P. J., Dowling, Smith and Page, JJ. Order reversed, with ton dollars costs and disbursements, and motion denied, with ten dollars costs.

Cases cited

Insurance Co. of Pennsylvania v. Park & Pollard Co. 229 N. Y. 631 N.Y. 1920-10-19 p. 935