Opinion · Nylaw New York
BOYAN v. GENERAL TIME INSTRUMENTS CORPORATION, 267 App. Div. 908 (1944)
CHARLES E. BOYAN, Suing in Behalf of LIBERTY Mut. Ins. Co. & inHis Own Behalf, Respondent, et al., Plaintiffs, v. Gen. TIME INSTRUMENTSCORPORATION, Appellant., 267 A.D. 908 (Appellate Division of the Supreme Court of New York, Second Department. 1944)
- Type
- Opinion
- Court
- Nylaw New York
- Jurisdiction
- Nylaw
- Date
- 1944-03-13
- Topic
- general
BOYAN v. GENERAL TIME INSTRUMENTS CORPORATION, 267 App. Div. 908 (1944) CHARLES E. BOYAN, Suing in Behalf of LIBERTY MUTUAL INSURANCE COMPANY and inHis Own Behalf, Respondent, et al., Plaintiffs, v. GENERAL TIME INSTRUMENTSCORPORATION, Appellant.Appellate Division of the Supreme Court of New York, Second Department.
Citator
UpLaw has not yet analyzed BOYAN v. GENERAL TIME INSTRUMENTS CORPORATION, 267 App. Div. 908 (1944). The absence of a flag is not a finding that it is good law.
- Authority status
- pending
BOYAN v. GENERAL TIME INSTRUMENTS CORPORATION,267 App. Div. 908(1944)
CHARLES E. BOYAN, Suing in Behalf of LIBERTY MUTUAL INSURANCE COMPANY and in
His Own Behalf, Respondent, et al., Plaintiffs, v. GENERAL TIME INSTRUMENTS
CORPORATION, Appellant.
Appellate Division of the Supreme Court of New York, Second Department.
Appeal by defendant from an order denying its motion under rules 112 and 113 of the Rules of Civil Practice for a judgment dismissing the cause of action of the respondent. Order reversed on the law and the facts, without costs, and the motion granted, without costs. This respondent has no present interest in the cause of action. It was wholly assigned by operation of law to the insurance carrier, who is also a plaintiff in the consolidated action. (Wiltonv.Radish,266 App. Div. 974;Calagnav.Sheppard-Pollak, Inc.,264 App. Div. 589;Carterv.Brooklyn Ladder Co., Inc.,265 App. Div. 39.) The order of consolidation did not bar the defendant from moving. The questions here presented were not necessarily passed on in the motion for consolidation. Close, P.J., Carswell, Adel, Lewis and Aldrich, JJ., concur.