Mortenson v. Chook

Appellate Terms of the Supreme Court of New York

Mortenson v. Chook

19 Misc. 2d 135, 193 N.Y.S.2d 915, 1959 N.Y. Misc. LEXIS 3371

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 30, 1959

StatusPublished

This text of 19 Misc. 2d 135 (Mortenson v. Chook) 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

Mortenson v. Chook, 19 Misc. 2d 135, 193 N.Y.S.2d 915, 1959 N.Y. Misc. LEXIS 3371 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

The plaintiffs’ property was not covered, at the time of its loss by the insurance policy issued by the defendant Fulton Fire Insurance Company to the defendants Chook and East End Dry Cleaners, Ltd. (Atlantic Fruit Co. v. Hamilton Fire Ins. Co., 251 N. Y. 98; 13 A. L. R. 2d 718, § 4; see, also, Rubin v. East|& West Ins. Co., 72 N. Y. S. 2d 885.)

The judgment in favor of plaintiffs against defendant Fulton Fire Insurance Company should be unanimously reversed on the law and facts, without costs, and complaint dismissed.

The judgment in favor of defendants Noah Chook and East End Dry Cleaners, Ltd. against the defendant Fulton Fire Insur[136]*136anee Company on their cross complaint should be unanimously reversed on the law and facts and cross complaint dismissed, without costs.

Concur — Pette, Hart and Brown, JJ.

Judgment reversed, etc.

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