ZURICH ACC. INS. v. CHESTERFORD HOMES


18 Misc.2d 470 (1959)

Zurich General Accident & Liability Insurance Company, Plaintiff, v. Chesterford Homes, Inc., et al., Defendants.

Supreme Court, Special Term, Kings County.

May 11, 1959.


Attorney(s) appearing for the Case

Finn, Rebecchi, Winnie & Matis for Jack Cohen, defendant.

Hartsell, Harrington & Jacobs for plaintiff.

Lewis & Lyons for Josam Construction Corporation, defendant.

Dreyer & Traub for Chesterford Homes, Inc., defendant.


JOHN E. CONE, J.

Defendant Cohen moves for a new trial on the ground of newly discovered evidence, which application is joined in by the remaining defendants.

This court on January 23, 1958 granted the plaintiff a declaratory judgment after trial relieving it of its liabilities and obligations under a public liability policy by reason of the failure of its insured in giving the written notice of the...

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