Kaplan v. Travelers Insurance

Appellate Terms of the Supreme Court of New York

Kaplan v. Travelers Insurance

154 Misc. 600, 277 N.Y.S. 95, 1934 N.Y. Misc. LEXIS 1934

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 1, 1934

StatusPublished

This text of 154 Misc. 600 (Kaplan v. Travelers 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

Kaplan v. Travelers Insurance, 154 Misc. 600, 277 N.Y.S. 95, 1934 N.Y. Misc. LEXIS 1934 (N.Y. Ct. App. 1934).

Pincite

Opinion

Per Curiam.

The statutes involved (Insurance Law, §§ 67, 141, 141-b) do not give the rating boards power to place any particular risk in a designated class. The boards merely fix the various classifications in which risks may be placed. The risks are placed by contract.

The complaint, however, is defective for failure to allege any mutual mistake.

Order affirmed, with ten dollars costs and disbursements, with leave to plaintiffs to serve an amended complaint within six days after service of order entered hereon and upon payment of said costs and disbursements.

All concur; present, Hammer, Callahan and Frankenthaler, JJ.

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Per Curiam.

The statutes involved (Insurance Law, §§ 67, 141, 141-b) do not give the rating boards power to place any particular risk in a designated class. The boards merely fix the various classifications in which risks may be placed. The risks are placed by contract.

The complaint, however, is defective for failure to allege any mutual mistake.

Order affirmed, with ten dollars costs and disbursements, with leave to plaintiffs to serve an amended complaint within six days after service of order entered hereon and upon payment of said costs and disbursements.

All concur; present, Hammer, Callahan and Frankenthaler, JJ.

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Bluebook (online)

154 Misc. 600, 277 N.Y.S. 95, 1934 N.Y. Misc. LEXIS 1934, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kaplan-v-travelers-insurance-nyappterm-1934.