Sheridan v. Hartford Accident and Indemnity Co.

Full title: CORNELIUS J. SHERIDAN, as Administrator, etc., of ELIZABETH SHERIDAN…

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

Date published: Feb 1, 1933

238 App. Div. 780 (N.Y. App. Div. 1933)

Opinion

February, 1933.

Present — Finch, P.J., Merrell, O'Malley, Sherman and Townley, JJ.

Orders affirmed, with twenty dollars costs and disbursements. Since the plaintiff has recovered in the partial summary judgment granted, the full relief to which he is entitled, we are of opinion that a trial with respect to the severed portion of the action would be futile. (See Devlin v. New York Mutual Casualty Taxicab Insurance Assn., 213 App. Div. 152.)