Legal Opinion

American Home Assurance Co. v. Botto

New York Supreme Court

Decided August 9, 1961PublishedCited by 3 opinions

1Opinion of the CourtGteoege P. Stier, J.

An insured brought an action against his insurance company for the payment of a claim under the policy of insurance issued by plaintiff. That action is now pending, undetermined, in the Municipal Court of the City of New York, Borough of Queens. The insurance company subsequently brought a separate action in this court against the persons who it claims negligently caused the loss, upon the basis of which its assured claims payment in the first action. Those persons now move to dismiss the complaint of the insurance company for legal insufficiency.

It is alleged in the complaint of the…

2Cases cited1 opinion

  1. Dunn v. . Uvalde Asphalt Paving Co.New York Court of Appeals · 1903

3Cited by3 opinions

  1. Morey v. Sealright Co.New York Supreme Court · 1964
  2. Slater v. American Mineral Spirits Co.New York Court of Appeals · 1974
  3. Slater v. American Mineral Spirits Co.New York Court of Appeals · 1974

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