DAGGETT v. AL KESHNER, BERIBITSKY, 5 N.Y.2d 1039 (1959)

185 N.Y.S.2d 555, 158 N.E.2d 254

ALBERT B. DAGGETT, as Administrator of the Estate of JAMES L. DAGGETT, Deceased, et al., Respondents, v. AL KESHNER et al., Defendants, and HYMAN BERIBITSKY et al., Individually and as Copartners Doing Business under the Name of B S GARAGE, Appellants.

Court of Appeals of the State of New York.Submitted March 9, 1959
Decided March 13, 1959

Motion to clarify the order of this court dated January 22, 1959 granted and the order amended to read as follows: Ordered, that Nationwide Mutual Insurance Company be and it hereby is joined as a party defendant-appellant for the sole purpose of obtaining an adjudication as to the liability of the insured to plaintiffs and, if the judgment be affirmed, the making of this joinder order or the fact of joinder of Nationwide pursuant to this order shall not increase its liability or the limits of its liability under its policy of insurance or prejudice any defenses it may have with respect to its obligation under the policy.

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