D'Ambrosio v. Northern Assurance Co. — 221 A.D. 836

Majority

p. 836

Antonio D'Ambrosio, John Cognetto and The Herkimer National Bank, Respondents, v. Northern Assurance Company, Limited, Appellant.

Action severed; judgment and order reversed as to insured, and a new trial granted as to insured, with costs to appellant to abide event; judgment and order affirmed as to plaintiff Herkimer National Bank, upon the stipulation filed by said plaintiff bank, without costs of this appeal to either party. All concur. Present-—■ Hubbs, P. J., Clark, Sears, Taylor and Sawyer, JJ.