Dolch v. Commercial Insurance

Steuer, J. (dissenting).

The affidavits on this application for summary judgment show that in 1955 the plaintiff, then a young boy, visited his grandmother at her house at 3737 Cypress Gardens in Brooklyn. While there he fell over some appurtenances of the house and he brought suit against his grandmother. His father also sued for loss of services. The grandmother turned the complaint over to her insurance carrier, the defendant in this action. The carrier undertook to defend and when the case was called for pretrial conference it challenged the allegation in the complaint that the building in…