Aetna Casualty & Surety Co. v. McCullough

Judgment entered April 18, 1972, in New York County, after nonjury trial (Helman, J.) affirmed, with costs to respondent.

Plaintiff sued as assignee of New York Telephone Company, assignor’s former employee, to recover damages occasioned the former employer by reason of defendant’s willful and wrongful conduct.

All of us are agreed on the question of defendant’s liability. The dissent would modify to reduce the judgment to the sum presumably paid by plaintiff to New York Telephone Company.

In paragraph ‘£ Eighth ’ ’ of the complaint, plaintiff alleges that in consideration ££ of a sum of money ”…