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Bakers Mutual Insurance v. Lombardy Hotel Corp.

1 A.D.2d 652 Court N.Y. App. Div. Decision date 1955-12-06 English

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p. 652
Bakers Mutual Insurance Company of New York, Respondent, v. Lombardy Hotel Corporation, Appellant; Justin Faur, Respondent, et al., Defendants.

The admissions in the pleading of defendant Faur show that he is neither a necessary nor proper party. Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion granted, and judgment is directed to be entered in favor of the appellant dismissing the cross complaint, with costs. Concur — Breitel, J. P., Bastow, Botein, Rabin and Cox, JJ.