Home/Appellate Terms of the Supreme Court of New York/Dreiblatt v. Taylor

Dreiblatt v. Taylor

188 Misc. 199, 67 N.Y.S.2d 378, 1947 N.Y. Misc. LEXIS 1970
CourtAppellate Terms of the Supreme Court of New York
DecidedJanuary 9, 1947
StatusPublished
Cited by11 cases

This text of 188 Misc. 199 (Dreiblatt v. Taylor) 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
Dreiblatt v. Taylor, 188 Misc. 199, 67 N.Y.S.2d 378, 1947 N.Y. Misc. LEXIS 1970 (N.Y. Ct. App. 1947).

Opinion

Per Curiam.

Memorandum Under the circumstances disclosed by the record here, the evidence that plaintiffs’ automobile was watched from the front window of an apartment on the first floor of an apartment house before which it was parked, does not show attendance of the vehicle within the intent of the policy excluding “ loss of the property insured herein from road vehicles of every description when such vehicles are left unattended.” The attendant, assuming the watcher to be such, was not shown to be actually within or upon the automobile, or so near thereto as to be able to observe a theft of the contents. The term “ unattended ” has a connotation of lack of due diligence or protection which would exclude coverage. (See Kinscherf Co., Inc., v. St. Paul F. & M. Ins. Co., 234 App. Div. 385.)

The judgment should be reversed, with $30 costs, and judgment directed for the defendant dismissing the complaint on the merits, with costs.

Hammer, Shientag and Hecht, JJ., concur.

Judgment reversed, etc.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

JMP Associates, Inc. v. St. Paul Fire & Marine Insurance
693 A.2d 832 (Court of Appeals of Maryland, 1997)
Highway Express, Incorporated v. The Federal Insurance Company, and National Risk Management Corporation, Highway Express, Incorporated v. The Federal Insurance Company, and National Risk Management Corporation
19 F.3d 1429 (Fourth Circuit, 1994)
Jerome I. Silverman, Inc. v. Lloyd's Underwriters
422 F. Supp. 89 (S.D. New York, 1976)
Hellert v. Travelers Insurance
52 A.D.2d 751 (Appellate Division of the Supreme Court of New York, 1976)
Stephens v. Katz Parking System, Inc.
75 Misc. 2d 690 (Civil Court of the City of New York, 1973)
Texas-Oklahoma Express, Inc., and Lee Armstrong v. United States
429 F.2d 100 (Tenth Circuit, 1970)
Royce Furs, Inc. v. Home Insurance
30 A.D.2d 238 (Appellate Division of the Supreme Court of New York, 1968)
Commercial Coin Co. v. North River Insurance
43 Pa. D. & C.2d 268 (Dauphin County Court of Common Pleas, 1967)
American Charm Corp. v. St. Paul Life & Marine Insurance
53 Misc. 2d 246 (Civil Court of the City of New York, 1967)
Royce Furs, Inc. v. Home Insurance
50 Misc. 2d 467 (Civil Court of the City of New York, 1966)
Phil G. Ruvelson, Inc. v. St. Paul Fire & Marine Insurance
50 N.W.2d 629 (Supreme Court of Minnesota, 1951)

Cite This Page — Counsel Stack

Bluebook (online)
188 Misc. 199, 67 N.Y.S.2d 378, 1947 N.Y. Misc. LEXIS 1970, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dreiblatt-v-taylor-nyappterm-1947.