Phillips v. American Union F. I. of P

Full title: HARRY E. PHILLIPS, Appellant, v . AMERICAN UNION FIRE INSURANCE COMPANY OF…

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

Date published: May 1, 1915

168 App. Div. 938 (N.Y. App. Div. 1915)

Opinion

May, 1915.

Present — Ingraham, P.J., McLaughlin, Laughlin, Clarke and Scott, JJ.

PER CURIAM:

The original defendant having been dissolved, the action has abated as to it. The moving party, having succeeded to all the rights of the original defendant, is entitled to be substituted as defendant in the action. The order, therefore, should be modified by providing that the Commissioner of Insurance of the Commonwealth of Pennsylvania be substituted in place of the original defendant, and as so modified affirmed, without costs.

PER CURIAM:

Order modified as directed in opinion, and as modified affirmed, without costs. Order to be settled on notice.