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Appellate Division of the Supreme Court of New York, 1915

Phillips v. American Union Fire Insurance Co. of Philadelphia

Phillips v. American Union Fire Insurance Co. of Philadelphia
Appellate Division of the Supreme Court of New York · Decided May 14, 1915
153 N.Y.S. 99 (New York Supplement)

Counsel

Wendell P. Barker, of New York City, for appellant., James E. Einegan, of New York City, for respondent.

Phillips v. American Union Fire Insurance Co. of Philadelphia

Opinion of the Court

PER CURIAM.

[1, 2] The original defendant having been dissolved, the action has abated as to it. The moving party, having succeeded to all the rights of the original defendant, is entitled to be substituted as defendant in the action.

The order, therefore, should be modified by providing that the commissioner of insurance of the commonwealth of Pennsylvania be substituted in place of the original defendant, and, as so modified, affirmed, without costs. Settle order on notice.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.