General
Antonio D'Ambrosio, John Cognetto and The Herkimer National Bank, Respondents, v. The Commercial Union Fire Insurance Company of New York, Appellant
221 A.D. 836·New York Supreme Court, Appellate Division·1927·NY
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Opinion
Antonio D’Ambrosio, John Cognetto and The Herkimer National Bank, Respondents, v. The Commercial Union Fire Insurance Company of New York, Appellant.
[MAJORITY]
Action severed; judgment and order reversed as to the insured, and a new trial granted as to the insured, with costs to appellant to abide the event; judgment and order affirmed as to plaintiff Herkimer National Bank, upon stipulation filed by said plaintiff bank, without costs of this appeal to either party. All concur. Present—Hubbs, P. J., Clark, Sears, Taylor and Sawyer, JJ.