LECOUNA CUBAN BOYS, INC. v. KIAMESHA CONCORD, INC

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.]