American Charm Corp. v. St. Paul Fire & Marine Insurance

Appellate Terms of the Supreme Court of New York

American Charm Corp. v. St. Paul Fire & Marine Insurance

56 Misc. 2d 574, 289 N.Y.S.2d 383, 1968 N.Y. Misc. LEXIS 1795

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 25, 1968

StatusPublished

Cited by3 cases

This text of 56 Misc. 2d 574 (American Charm Corp. v. St. Paul Fire & Marine Insurance) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

American Charm Corp. v. St. Paul Fire & Marine Insurance, 56 Misc. 2d 574, 289 N.Y.S.2d 383, 1968 N.Y. Misc. LEXIS 1795 (N.Y. Ct. App. 1968).

Pincite

Opinion

Per Curiam.

The loss of plaintiffs’ property was from an automobile which at the time the loss occurred did not have “ actually in or upon such vehicle ” the designated custodian. Hence defendants are not liable, because the actual loss occurred under circumstances falling squarely within the exclusory clause. The order should be reversed, with $10 costs, and motion granted.

Concur — Street, J. P., Gold and Hofstadter, JJ.

Order reversed, etc.

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Per Curiam.

The loss of plaintiffs’ property was from an automobile which at the time the loss occurred did not have “ actually in or upon such vehicle ” the designated custodian. Hence defendants are not liable, because the actual loss occurred under circumstances falling squarely within the exclusory clause. The order should be reversed, with $10 costs, and motion granted.

Concur — Street, J. P., Gold and Hofstadter, JJ.

Order reversed, etc.

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Bluebook (online)

56 Misc. 2d 574, 289 N.Y.S.2d 383, 1968 N.Y. Misc. LEXIS 1795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-charm-corp-v-st-paul-fire-marine-insurance-nyappterm-1968.

Opinion

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