Peoples Westchester Savings Bank v. Fireman's Fund Insurance

Appellate Division of the Supreme Court of New York

Peoples Westchester Savings Bank v. Fireman's Fund Insurance

103 A.D.2d 738, 477 N.Y.S.2d 205, 1984 N.Y. App. Div. LEXIS 19340

Appellate Division of the Supreme Court of the State of New York·Decided July 2, 1984·Published

Opinion

— In an action to recover under an insurance policy, defendant appeals from an order of the Supreme Court, Westchester County (Isseks, J.), entered April 18, 1983, which denied its motion for summary judgment dismissing the complaint. 11 Order reversed, on the law, with costs, motion granted, and complaint dismissed. 11 The policy provision under which plaintiff seeks recovery is inapplicable as a matter of law to the situation at bar, which involves an alleged theft of written instruments delivered by the insured as collateral for loans. The instruments did not “prove to have been * * * stolen” at the time the insured “acquired * * * or delivered” the instruments. Thompson, J. P., Bracken, Rubin and Eiber, JJ., concur.

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

— In an action to recover under an insurance policy, defendant appeals from an order of the Supreme Court, Westchester County (Isseks, J.), entered April 18, 1983, which denied its motion for summary judgment dismissing the complaint. 11 Order reversed, on the law, with costs, motion granted, and complaint dismissed. 11 The policy provision under which plaintiff seeks recovery is inapplicable as a matter of law to the situation at bar, which involves an alleged theft of written instruments delivered by the insured as collateral for loans. The instruments did not “prove to have been * * * stolen” at the time the insured “acquired * * * or delivered” the instruments. Thompson, J. P., Bracken, Rubin and Eiber, JJ., concur.

Peoples Westchester Savings Bank v. Fireman's Fund Insurance, 103 A.D.2d 738, 477 N.Y.S.2d 205, 1984 N.Y. App. Div. LEXIS 19340 (N.Y. Ct. App. 1984).

Pincite

103 A.D.2d 738 (Peoples Westchester Savings Bank v. Fireman's Fund Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.