Katzenstein v. Merrimack Mutual Fire Insurance

Appellate Terms of the Supreme Court of New York

Katzenstein v. Merrimack Mutual Fire Insurance

180 Misc. 1013, 43 N.Y.S.2d 215, 1943 N.Y. Misc. LEXIS 2159

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 12, 1943

StatusPublished

Cited by2 cases

This text of 180 Misc. 1013 (Katzenstein v. Merrimack Mutual Fire 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

Katzenstein v. Merrimack Mutual Fire Insurance, 180 Misc. 1013, 43 N.Y.S.2d 215, 1943 N.Y. Misc. LEXIS 2159 (N.Y. Ct. App. 1943).

Pincite

Opinion

Memorandum Per Curiam.

Judgment unanimously reversed on the law with thirty dollars costs to the defendant and complaint dismissed, with appropriate costs in the court below. The Legislature, by the enactment of section 1290 of the Penal Law (L. 1942, ch. 732), effective September 1, 1942, did not .manifest any intent to affect contracts of insurance in force before the statute took effect. Section 1293-a of the Penal Law, which deals with unauthorized use of automobiles, is not referred to in the new section 1290 of the Penal Law. By specifically mentioning the crimes defined by former section 1290 and by making the new section applicable only to crimes subsequent to the effective date, and by failing to refer to section 1293-a, or to contracts, it cannot be assumed the Legislature intended to work a change in the law laid down in Van Vechten v. American Eagle Fire Ins. Co., 239 N. Y. 303. No opinion.

MacCrate, Smith and McCooey, JJ., concur.

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

Memorandum Per Curiam.

Judgment unanimously reversed on the law with thirty dollars costs to the defendant and complaint dismissed, with appropriate costs in the court below. The Legislature, by the enactment of section 1290 of the Penal Law (L. 1942, ch. 732), effective September 1, 1942, did not .manifest any intent to affect contracts of insurance in force before the statute took effect. Section 1293-a of the Penal Law, which deals with unauthorized use of automobiles, is not referred to in the new section 1290 of the Penal Law. By specifically mentioning the crimes defined by former section 1290 and by making the new section applicable only to crimes subsequent to the effective date, and by failing to refer to section 1293-a, or to contracts, it cannot be assumed the Legislature intended to work a change in the law laid down in Van Vechten v. American Eagle Fire Ins. Co., 239 N. Y. 303. No opinion.

MacCrate, Smith and McCooey, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

180 Misc. 1013, 43 N.Y.S.2d 215, 1943 N.Y. Misc. LEXIS 2159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/katzenstein-v-merrimack-mutual-fire-insurance-nyappterm-1943.

Opinion

Related

Cite This Page — Counsel Stack