Appellate Terms of the Supreme Court of New York, 1949

Indemnity Insurance of North America v. Farkas

Appellate Terms of the Supreme Court of New York · Decided April 28, 1949

195 Misc. 554; 89 N.Y.S.2d 741; 1949 N.Y. Misc. LEXIS 2325

Counsel

Samuel Gottesman for appellant., Walter B. Herendeen, Jr., for respondent., John P. McGrath, Corporation Counsel (Seymour B. Quel and Robert E. Hugh of counsel), for City of New York, amicus curies.

Opinion of the Court

Per Curiam.

The fidelity bond specified the defendant as one who " has been duly appointed Employee in the Department of Marine and Aviation of the City of New York.” The term ‘ employee ’ ’ is plain and unambiguous. There is nothing either in the bond or in the record to justify giving it the technical meaning of accountant ’ ’. Within the recital of the bond and the evidence, the defendant was an employee and liable by subrogation to the surety.

The judgment should be reversed, with $30 costs, and judgment directed for plaintiff as prayed for in the complaint, with costs.

Hofstadtee, Pecoea and Heoht, JJ., concur.

Judgment reversed, etc.

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