169 Misc. 1049 | N.Y. App. Term. | 1938
While an injured party is the legal owner of the entire claim for property damage arising out of negligence of defendant, an insurer which had paid part of same may join with its insured as a party plaintiff in an action against the wrongdoer to have the division of damages determined. The complaint here sought only that. One equitably entitled to a portion of a recovery may join as a party plaintiff in an action at law upon an indivisible cause of action. (General A. F. & L. Assur. Corp. v. Zerbe Const. Co., 269 N. Y. 227.) A defendant who causes an erroneous ruling of dismissal and enters a separate judgment thereon against such
Judgment reversed and judgment directed for the plaintiff insurance company for such amount as may be ascertained upon an assessment of damages before the court.
All concur. Present — Lydon, Hammer and Shientag, JJ.