Anderson v. United States Fidelity & Guaranty Co.

Majority

p. 52

Harry G. Anderson and Others, Copartners, Doing Business as Anderson, Phillips & Moss, Respondents, v. United States Fidelity and Guaranty Company, Appellant.

First Department,

March 24, 1933.

William J. McArthur, for the appellant.

Joseph H. Stein of counsel [B. Hoffman Miller, attorney], for the respondents.

In view of the decision of this court in Matter of Anderson v. U. S. Fidelity & Guaranty Co. ( 238 App. Div. 48 ), handed down herewith, the order denying defendant’s motion to dismiss the complaint should be reversed and said motion granted, without costs.

Present — Finch, P. J., Merrell, O'Malley, Sherman and Townley, JJ.; Merrell, J., dissents and votes for affirmance.

Order reversed and motion granted, without costs.