Employees' Liability Assurance Corp. v. Empire City Iron Works, Inc.

Defendant applies for an order “ vacating the judgment entered herein on April 13, 1959 or in the alternative striking therefrom the allowance of interest in the sum of $32,605.02 and correcting and reducing said judgment accordingly ”.

The plaintiff instituted this action on a complaint which alleged two causes of action. The first set forth that the plaintiff (on behalf of its assured — both of whom will hereafter be designated as the “ plaintiff ”) paid one John McShane $49,000 to compensate him for personal injuries; that the acci*964dent which caused said injuries was due to the primary and…