Phoenix Assurance Company v. Hunt Agency, Inc.

Full title: PHOENIX ASSURANCE COMPANY OF NEW YORK, Plaintiff, v. HUNT AGENCY, INC.…

Court: Court of Appeals of the State of New York

Date published: Jul 10, 1964

14 N.Y.2d 917 (N.Y. 1964)

252 N.Y.S.2d 321

200 N.E.2d 862

Opinion

Argued June 2, 1964

Decided July 10, 1964

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HENRY CLAY GREENBERG, J.

Harold I. Meyerson, James B. Grant and Joel Hasen for appellants.

Nathaniel Rothstein for respondent.

Order affirmed, with costs. Question certified answered in the affirmative. We read the third-party complaint to allege a cause of action in breach of contract, fraud and breach of warranty of authority.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.