Helm v. Maryland Casualty Co.

273 A.D. 800 | N.Y. App. Div. | 1947

Order affirmed, with $10 costs and disbursements. Memorandum: We conclude that facts sufficient to state a cause of action are alleged in the first cause of action in plaintiff’s complaint. It is unnecessary, therefore, to pass upon the second cause of action (Eidlitz v. Fischback & Moore, Inc., 239 App. Div. 483, 486). All concur. (The order denies defendant’s motion to dismiss the first and second causes of action in plaintiff’s complaint in an action to recover the balance of a judgment secured by plaintiff in an automobile negligence action.) Present — Harris, McCurn, Larkin and Love, JJ.

Case Details

Case Name: Helm v. Maryland Casualty Co.

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Dec 31, 1947

Citation: 273 A.D. 800

Court Abbreviation: N.Y. App. Div.