Malkoon v. North River Insurance

Appellate Division of the Supreme Court of New York

Malkoon v. North River Insurance

244 A.D. 760

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

DecidedApril 15, 1935

StatusPublished

This text of 244 A.D. 760 (Malkoon v. North River 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

Malkoon v. North River Insurance, 244 A.D. 760 (N.Y. Ct. App. 1935).

Pincite

Opinion

Judgment and order reversed on the law and a new trial granted, with costs to the appellant to abide the event, on the ground that questions of fact were presented for the jury by proof that the fire was of incendiary origin and was caused or connived at by the plaintiff, and also by proof that the damage or a substantial part thereof resulted from an explosion not within the coverage of the policy. All concur, except Thompson and Lewis, JJ., who dissent and vote for affirmance. (The judgment awarded damages under a fire insurance policy. The order denied a motion for a new trial on the minutes.) Present-—■ Sears, P. J., Bdgcomb, Thompson, Crosby and Lewis, JJ.

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Judgment and order reversed on the law and a new trial granted, with costs to the appellant to abide the event, on the ground that questions of fact were presented for the jury by proof that the fire was of incendiary origin and was caused or connived at by the plaintiff, and also by proof that the damage or a substantial part thereof resulted from an explosion not within the coverage of the policy. All concur, except Thompson and Lewis, JJ., who dissent and vote for affirmance. (The judgment awarded damages under a fire insurance policy. The order denied a motion for a new trial on the minutes.) Present-—■ Sears, P. J., Bdgcomb, Thompson, Crosby and Lewis, JJ.

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Bluebook (online)

244 A.D. 760, Counsel Stack Legal Research, https://law.counselstack.com/opinion/malkoon-v-north-river-insurance-nyappdiv-1935.