Dave Levine & Co. v. Wolf Package Depot, Inc. ( 1956 )

Judgment unanimously affirmed, with costs. In view of the fact that the carrier has in fact made payment under its policy on behalf of the insured, the issue as to the carrier’s direct liability has been rendered academic and we need not consider the question. Concur — Breitel, J. P., Cox, Frank and Bergan, JJ. [See post, p. 949.]