New York Court of Appeals

United States Fidelity and Guaranty Company, Respondent v. Graham and Norton Company, Appellant

May 15, 1930254 N.Y. 50

Summary

The New York Court of Appeals reversed the Appellate Division and Trial Term judgments, holding that the Zirpola rule was not overruled by the Phoenix decision and that the insurance carrier must prosecute its claim through the statutory administrator. Accordingly, the complaint was dismissed with costs.