Gervant v. New England Fire Insurance

Appellate Division of the Supreme Court of New York

Gervant v. New England Fire Insurance

282 A.D. 730, 122 N.Y.S.2d 274, 1953 N.Y. App. Div. LEXIS 4816

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

DecidedJune 22, 1953

StatusPublished

Cited by1 cases

This text of 282 A.D. 730 (Gervant v. New England Fire 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

Gervant v. New England Fire Insurance, 282 A.D. 730, 122 N.Y.S.2d 274, 1953 N.Y. App. Div. LEXIS 4816 (N.Y. Ct. App. 1953).

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Opinion

In an action to set aside an award fixing a fire loss, judgment dismissing the complaint reversed on the law and the facts, with costs, and judgment directed for plaintiff setting aside the award. Findings of fact inconsistent herewith are reversed and new findings are made as indicated herein. The award was made by the appraiser nominated by respondent and the umpire appointed by the court. The appraiser nominated. by appellant did not sign the award. The amount awarded was reached by considering only reproduction cost less depreciation and none of the other factors which should have been considered under the law as laid down in McAnarney v. Newark Fire Ins. Co. (247 R. Y. 176). Carswell, Acting P. J., Wenzei, MacCrate, Schmidt and Beldock, JJ., concur.

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In an action to set aside an award fixing a fire loss, judgment dismissing the complaint reversed on the law and the facts, with costs, and judgment directed for plaintiff setting aside the award. Findings of fact inconsistent herewith are reversed and new findings are made as indicated herein. The award was made by the appraiser nominated by respondent and the umpire appointed by the court. The appraiser nominated. by appellant did not sign the award. The amount awarded was reached by considering only reproduction cost less depreciation and none of the other factors which should have been considered under the law as laid down in McAnarney v. Newark Fire Ins. Co. (247 R. Y. 176). Carswell, Acting P. J., Wenzei, MacCrate, Schmidt and Beldock, JJ., concur.

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Bluebook (online)

282 A.D. 730, 122 N.Y.S.2d 274, 1953 N.Y. App. Div. LEXIS 4816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gervant-v-new-england-fire-insurance-nyappdiv-1953.

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