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BROOKLYN YARN DYE CO. v. EMPIRE STATE WHSE. CORP.

276 A.D. 611 (1950)

Brooklyn Yarn Dye Co., Inc., Plaintiff, v. Empire State Warehouses Corporation, Defendant and Third-Party Plaintiff-Respondent. Century Indemnity Co., Inc., Third-Party Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 24, 1950.

Attorney(s) appearing for the Case

George I. Janow for appellant.

Milton M. Eisenberg and Ralph Weller for respondent.

CARSWELL, Acting P. J., JOHNSTON, SNEED and MacCRATE, JJ., concur in Per Curiam opinion; WENZEL, J., dissents and votes to reverse the order and to grant the motion, with memorandum.

Per Curiam.

The third-party complaint alleges the issuance by appellant to respondent, the third-party plaintiff, of the warehouseman's liability policy attached to that pleading; the commencement of the action against respondent for loss or damage of goods stored in respondent's warehouse; due performance of all terms and conditions of the policy by respondent; disclaimer by appellant, upon the ground that the claimed...

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