Busch v. Metropolitan Casualty Insurance — 279 N.Y. 640

Majority

p. 640

Alice L. Busch et al., Respondents, v. Metropolitan Casualty Insurance Company of New York, Appellant, and Continental Bank & Trust Company of New York, Respondent.

Argued October 18, 1938;

decided November 22, 1938.

p. 642

The following questions were certified:

“ 1. On the facts disclosed by the record on appeal herein, are the plaintiffs, or any of them, entitled to summary judgment?

“ 2. On the facts disclosed by the record on appeal herein, is the defendant-respondent The Metropolitan Casualty Insurance Company of New York entitled to summary judgment? ”

Harold W. Newman, Jr., and David Miller for appellant.

Lester Grossman and Henry B. Wilson for plaintiffs, respondents.

Henry N. Rapaport and Robert S. Garson for Robert Benenson et al., amici curice.

Order affirmed, with costs. First question certified answered in the affirmative, and second question certified answered in the negative. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ.