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HARTFORD ACCIDENT & INDEMNITY COMPANY v. HOP-ON INTERNATIONAL CORPORATION

No. 82 Civ. 7463 (GLG).

568 F.Supp. 1568 (1983)

HARTFORD ACCIDENT & INDEMNITY COMPANY, Plaintiff, v. HOP-ON INTERNATIONAL CORPORATION t/a Franz Schoenen, Ltd., Metric Fashions, Inc., Chams De Baron Co., Inc., Spearsonic Electronics Inc. and Lewis Brokerage, Ltd., Defendants.

United States District Court, S.D. New York.

August 22, 1983.

Attorney(s) appearing for the Case

Whitman & Ransom, New York City, for plaintiff; Herbert P. Polk, Frederic R. Mindlin, New York City, of counsel.

Robinson, Silverman, Pearce, Aronsohn & Berman, New York City, Wilentz, Goldman & Spitzer, Woodbridge, N.J., for defendants Hop-On Intern. Corp., Metric Fashions, Inc., Chams De Baron Co., and Spearsonic Electronics, Inc.; Stephen M. Charme, New York City, Alan M. Darnell, Frederick J. Dennehy, Woodbridge, N.Y., of counsel.

Hart & Hume, New York City, for defendant Lewis Brokerage, Ltd.; Joseph A. Bergadano, New York City, of counsel.

OPINION

GOETTEL, District Judge:

This is a motion to dismiss the complaint of Hartford Accident & Indemnity Co. (Hartford) as to defendant Lewis Brokerage, Ltd. (Lewis). Lewis argues that the complaint must be dismissed as to it because Hartford does not seek any relief against Lewis, no other defendants have made any claims against Lewis in this action, and Lewis is not a necessary party to this action. Hartford, on the other hand, apparently acknowledges...

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