Charles Miller Coat Co. v. Myron Herbert, Inc.
| Decision Date | 20 October 1949 |
| Citation | 300 N.Y. 477,88 N.E.2d 659 |
| Parties | CHARLES MILLER COAT COMPANY, Inc., Appellant, v. MYRON HERBERT, Inc., Respondent, et al., Defendants. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from Supreme Court, Appellate Division, First Department, 275 App.Div. 821, 89 N.Y.S.2d 703.
Action by the Charles Miller Coat Company against Myron Herbert, Inc., and others for water damage allegedly sustained while a tenant of the named defendant.
From an order of the City Court of New York City denying plaintiff's motion to strike the defense that plaintiff's insurer and not plaintiff was the real party in interest, the plaintiff appealed. The order was affirmed by the Supreme Court, Appellate Term, First Department, Sup., 86 N.Y.S.2d 736, with the statement that the procedure of separate trial of the issue as to whether the plaintiff was the real party in interest should be followed. The determination of the Appellate Term affirming the order of the City Court, was affirmed by the Appellate Division, 275 App.Div. 821, 89 N.Y.S.2d 703, and the plaintiff appeals by leave of the Appellate Division, 275 App.Div. 922, 90 N.Y.S.2d 681.
The following question was certified:
‘Should the matter contained in the second affirmative defense of the defendant's answer be stricken as sham?'
Order affirmed with costs. Question certified answered in the negative.
All concur.
To continue reading
Request your trial
-
Bolton v. Ziegler
...S.E.2d 808; Cleveland Paint & Color Co. v. Bauer Mfg. Co., 1951, 155 Ohio St. 17, 97 N.E.2d 545. Cf. Charles Miller Coat Co., Inc. v. Myron Herbert, Inc., 1949, 300 N.Y. 477, 88 N.E. 2d 659, affirming opinion in, Sup., 1949, 86 N.Y.S.2d 736; Cocoa Trading Corp. v. Bayway Terminal Corp., 194......
-
United States Fidelity & Guaranty Co. v. Slifkin
...of the policy authorized its execution. The last of the later "expressions" of the Court of Appeals is Charles Miller Coat Co. v. Myram Herbert, Inc., 300 N.Y. 477, 88 N.E.2d 659 (1949). That decision affirmed without opinion a decision of the Appellate Division holding a loan agreement to ......
-
Rosenfeld v. Continental Building Operating Company
... ... Witsenhuysen & Sons, Inc. and Ever-Love Diamonds, Inc. — New York ... On the other hand, in Charles Miller Coat Co. v. Myron Herbert, Inc. — an ... ...
-
Cleveland Paint & Color Co. v. Bauer Mfg. Co.
...rehearing denied 290 N.Y. 865, 50 N.E.2d 247; Humphries v. gifford, 190 Misc. 529, 73 N.Y.S.2d 786; Charles Miller Coat Co., Inc., v. Myron Herbert, Inc., 300 N.Y. 477, 88 N.E.2d 659; Mersereau v. Binghamton Gas Works, 273 App.Div. 97, 76 N.Y.S.2d 435; Zabar v. 870 Seventh Avenue Corp., Sup......