AMMIRATI v. SUBURBAN FUEL OIL SERVICE, INC., 289 N.Y. 733 (1942)

46 N.E.2d 348

CARMELA AMMIRATI et al., as Administratrices of the Estate of JOHN DURSO, Deceased, Respondents, v. SUBURBAN FUEL OIL SERVICE, INC., et al., Appellants, Impleaded with Others.

Court of Appeals of the State of New York.Argued October 26, 1942
Decided December 3, 1942

Appeal from the Supreme Court, Appellate Division, First Department, WASSERVOGEL, J.

Page 734

J. Henry Esser and Milton W. Levy for Webster Coal Oil Co., Inc., et al., appellants.

Raymond Caverly, Herbert F. Dimond and Bernard G. Barton
for Fidelity and Casualty Company of New York, appellant.

Henry H. Silverman and Nathaniel L. Sills for respondents.

Page 735

Order affirmed, with costs; no opinion. Questions certified answered in the affirmative.

Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ.