American Mut. Liab. Ins. Co. v. Boyer Lighterage

Full title: AMERICAN MUTUAL LIABILITY INSURANCE COMPANY and Another, Appellants, v…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 17, 1941

262 App. Div. 1002 (N.Y. App. Div. 1941)

Opinion

October 17, 1941.

Present — Martin, P.J., Glennon, Untermyer, Dore and Callahan, JJ.; Dore and Callahan, JJ., dissent and vote to reverse and deny the motion because the failure to give notice as required by the order is a jurisdictional defect in so far as plaintiffs' claims were concerned.

Judgment and order affirmed, with costs. No opinion.