BUTTERWEICH v. GOODMAN & GARSON


12 Misc.2d 706 (1958)

Abraham S. Butterweich, Plaintiff, v. Goodman & Garson, Inc., et al., Defendants; Samuel Wittlin et al., Copartners Doing Business as Wittlin & Brenner, Third-Party Plaintiffs, v. Commercial Insurance Company of Newark, New Jersey, Third-Party Defendant.

Supreme Court, Special and Trial Term, New York County.

May 23, 1958.


Attorney(s) appearing for the Case

Charles M. Graham for third-party plaintiffs.

Joseph A. Owens and John K. O'Grady for third-party defendant.


THOMAS DICKENS, J.

The aim of this third-party action instituted by the insured against the insurer pursuant to section 193-a of the Civil Practice Act, is to retrieve the expenditures incurred in defense of plaintiff's negligence action, and also, the share contributed to the settlement thereof made with the plaintiff by the insured and the codefendants therein.

These monetary obligations became the...

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