Conigliaro v. Central Mutual Insurance

Appellate Terms of the Supreme Court of New York

Conigliaro v. Central Mutual Insurance

17 Misc. 2d 448, 191 N.Y.S.2d 412, 1959 N.Y. Misc. LEXIS 4200

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 3, 1959

StatusPublished

This text of 17 Misc. 2d 448 (Conigliaro v. Central Mutual 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

Conigliaro v. Central Mutual Insurance, 17 Misc. 2d 448, 191 N.Y.S.2d 412, 1959 N.Y. Misc. LEXIS 4200 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

Plaintiff as contract carrier or bailee, in the absence of proof of negligence, was not legally liable for the theft of the cartons in its possession (Claflin v. Meyer, 75 N. Y. 260). Therefore plaintiff as insured was not entitled to recover pursuant to a policy issued by defendant covering its legal liability.

The judgment should be unanimously reversed on the law and facts, with $30 costs to the defendant and complaint dismissed with appropriate costs in the court below.

Concur — Pette, Hart, and Di Giovanna, JJ.

Judgment reversed, etc.

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