Sheridan v. Hartford Accident & Indemnity Co.

238 A.D. 780 | N.Y. App. Div. | 1933

Orders affirmed, with twenty dollars costs and disbursements. Since the plaintiff has recovered in the partial summary judgment granted, the full relief to which he is entitled, we are of opinion that a trial with respect to the severed portion of the action would be futile. (See Devlin v. New York Mutual Casualty Taxicab Insurance Assn., 213 App. Div. 152.) Present-—-Finch, P. J., Merrell, O’Malley, Sherman and Townley, JJ.