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Agricultural Insurance v. Elmhurst Contracting Co.

294 N.Y. 872 Court N.Y. Decision date 1945-07-19 English

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p. 872
Agricultural Insurance Company et al., Appellants, v. Elmhurst Contracting Co., Inc., Respondent, et al., Defendants.
Argued April 17, 1945;
decided July 19, 1945.
p. 874
The following questions were certified:
“ 1. May the defendant, Elmhurst Contracting Co., Inc., in this action for a declaratory judgment, interpose counterclaims against the plaintiffs?
“ 2. May the defendant, Elmhurst Contracting Co., Inc., in this action for a declaratory judgment, interpose the pleading asserted against the impleaded defendant, Alan H. Bonito & Co., Inc., and make said impleaded defendant a party to this action? ”
David A. Ticktin and James B. Wigdor for appellants.
Clarence F. Corner and Gilbert F. Regan for respondent.

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

Concur: Lehman, Ch. J., Loughran, Lewis, Conway, Desmond, Thacher and Dye, JJ.