Fischer v. New Zealand Insurance

Appellate Terms of the Supreme Court of New York

Fischer v. New Zealand Insurance

35 Misc. 2d 175, 232 N.Y.S.2d 129, 1962 N.Y. Misc. LEXIS 3331

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 10, 1962

StatusPublished

This text of 35 Misc. 2d 175 (Fischer v. New Zealand 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

Fischer v. New Zealand Insurance, 35 Misc. 2d 175, 232 N.Y.S.2d 129, 1962 N.Y. Misc. LEXIS 3331 (N.Y. Ct. App. 1962).

Pincite

Opinion

Per Curiam.

In an action on an “ open” policy insuring plaintiff against loss of jewelry, consisting of a diamond ring and a pair of bracelets, the appraisal furnished to the insurer before the issuance of the policy does not constitute competent evidence of the value of the diamond ring shown to have been lost. (Naiman v. Niagara Fire Ins. Co., 285 App. Div. 706.)

The judgment in favor of plaintiff should be modified by reducing same to the sum of $173 with interest, and case remitted to the court below for assessment of damages as to the value of the diamond ring, and as modified judgment affirmed.

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

Judgment modified, etc.

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