Phoenix Assurance Co. v. Hunt Agency, Inc. — 14 N.Y.2d 917

Majority

p. 917

Phoenix Assurance Company of New York, Plaintiff, v. Hunt Agency, Inc., Defendant and Third-Party Plaintiff-Respondent. Metropolitan Fire Assurance Company et al., Third-Party Defendants-Appellants.

Argued June 2, 1964;

decided July 10, 1964.

p. 918

Harold I. Meyerson, James B. Grant and Joel Hasen for appellants.

Nathaniel Rothstein for respondent.

Order affirmed, with costs. Question certified answered in the affirmative. We read the third-party complaint to allege a cause of action in breach of contract, fraud and breach of warranty of authority.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Scileppi and Bergan.