Foley v. Providence Washington Insurance

Appellate Division of the Supreme Court of New York

Foley v. Providence Washington Insurance

253 A.D. 789, 1 N.Y.S.2d 356, 1937 N.Y. App. Div. LEXIS 5546

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 23, 1937

StatusPublished

This text of 253 A.D. 789 (Foley v. Providence Washington Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Foley v. Providence Washington Insurance, 253 A.D. 789, 1 N.Y.S.2d 356, 1937 N.Y. App. Div. LEXIS 5546 (N.Y. Ct. App. 1937).

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Opinion

Judgment modified on the law by reducing the recovery to the sum of SI,245.36, and as so modified affirmed, without costs of this appeal to either party. Memorandum : One hundred and nine dollars of the reduction is because of the stipulation on the record, and twenty-four dollars and three cents of the reduction is because of the calculation of interest from the 25th day of April, 1936, instead of from the 1st day of January, 1936. As we read the policy a proof of claim was in any event necessary and interest could not begin to run on the claim until thirty days thereafter. The claim itself as presented did not demand interest from the date of the accident. All concur. (The judgment is for plaintiff in an action under a transportation insurance policy.) Present —- Sears, P. J., Edgcomb, Crosby, Lewis and Cunningham, JJ.

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Judgment modified on the law by reducing the recovery to the sum of SI,245.36, and as so modified affirmed, without costs of this appeal to either party. Memorandum : One hundred and nine dollars of the reduction is because of the stipulation on the record, and twenty-four dollars and three cents of the reduction is because of the calculation of interest from the 25th day of April, 1936, instead of from the 1st day of January, 1936. As we read the policy a proof of claim was in any event necessary and interest could not begin to run on the claim until thirty days thereafter. The claim itself as presented did not demand interest from the date of the accident. All concur. (The judgment is for plaintiff in an action under a transportation insurance policy.) Present —- Sears, P. J., Edgcomb, Crosby, Lewis and Cunningham, JJ.

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Bluebook (online)

253 A.D. 789, 1 N.Y.S.2d 356, 1937 N.Y. App. Div. LEXIS 5546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foley-v-providence-washington-insurance-nyappdiv-1937.