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LECOUNA CUBAN BOYS, INC., et al., Respondents, v. KIAMESHA CONCORD, INC., Defendant and Third-Party Plaintiff-Respondent. UNITED STATES FIDELITY AND GUARANTY COMPANY, Third-Party Defendant-Appellant.

The action of plaintiffs seeks to recover damages for loss of items of personal property by fire while situated at the hotel maintained by the third-party plaintiff. The cross complaint alleges that the hotel had a policy of insurance against such loss and damage and that its insurance carrier, the third-party defendant, has disclaimed liability thereunder. The issues are all related and can be disposed of in one action. Order affirmed, with $10 costs. Heffernan, J.P., Brewster and Bergan, JJ., concur; Deyo and Santry, JJ., dissent. [See post, p. 940.]

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LECOUNA CUBAN BOYS, INC. v. KIAMESHA CONCORD, INC
(Nov 29, 1949)