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Eisemann v. Fidelity Deposit Company of Maryland

Appellate Division of the Supreme Court of New York, First Department
Jun 24, 1947
272 App. Div. 888 (N.Y. App. Div. 1947)

Opinion

June 24, 1947.

Appeal from Supreme Court, New York County.


The complaint does not contain the essential elements of an action in fraud; nor can it be upheld on the theory that it alleges malicious interference by defendants with plaintiff's rights under the policy of insurance with the Hartford Accident and Indemnity Company. On the facts alleged we are unable to perceive how plaintiff can set forth a good cause of action against defendant-appellant. The order appealed from should, accordingly, be reversed, with $20 costs and disbursements to defendant-appellant, and the complaint dismissed as to defendant-appellant.

Cohn, Callahan, Peck and Van Voorhis, JJ., concur.

Order unanimously reversed, with $20 costs and disbursements to the defendant-appellant, and the complaint dismissed as to defendant-appellant.


Summaries of

Eisemann v. Fidelity Deposit Company of Maryland

Appellate Division of the Supreme Court of New York, First Department
Jun 24, 1947
272 App. Div. 888 (N.Y. App. Div. 1947)
Case details for

Eisemann v. Fidelity Deposit Company of Maryland

Case Details

Full title:ALEXANDER EISEMANN, as Remaining Partner of the Firm of ALEXANDER EISEMANN…

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

Date published: Jun 24, 1947

Citations

272 App. Div. 888 (N.Y. App. Div. 1947)