Home Indemnity Co. v. Castel Construction Inc.

OPINION OF THE COURT

Ira B. Harkavy, J.

If you can’t hold the maker, hold the endorser! (Negotiable instruments law.)

The present action was brought to recover the balance of earned premiums, due on policies of insurance issued by the plaintiff, the Home Indemnity Company, for workers’ compensation coverage and for general accident coverage covering the construction of the Throggs Neck Nursing Home, in The Bronx, New York.

Undisputed was the fact that the late Joseph Tardibono, the principal of defendant Gemelli Realty Corp., planned to erect the Throggs Neck Nursing Home. Inasmuch as Tardibono…