Raisin & Levine, Inc. v. Northern Assurance Co.

Appellate Terms of the Supreme Court of New York

Raisin & Levine, Inc. v. Northern Assurance Co.

169 Misc. 623, 7 N.Y.S.2d 678, 1938 N.Y. Misc. LEXIS 2089

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 18, 1938

StatusPublished

This text of 169 Misc. 623 (Raisin & Levine, Inc. v. Northern Assurance Co.) 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

Raisin & Levine, Inc. v. Northern Assurance Co., 169 Misc. 623, 7 N.Y.S.2d 678, 1938 N.Y. Misc. LEXIS 2089 (N.Y. Ct. App. 1938).

Pincite

Opinion

Per Curiam.

We think that defendant is entitled to judgment. The complaint pleads a coverage of all merchandise shipped on trucks. But the policy only covered shipments by specific trucks, or by others substituted for them in the manner prescribed by the policy.

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, with leave to plaintiff to amend within ten days after service of order entered hereon on payment of costs.

Lydon and Frankenthaler, JJ., concur; Shientag, J., dissents.

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Per Curiam.

We think that defendant is entitled to judgment. The complaint pleads a coverage of all merchandise shipped on trucks. But the policy only covered shipments by specific trucks, or by others substituted for them in the manner prescribed by the policy.

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, with leave to plaintiff to amend within ten days after service of order entered hereon on payment of costs.

Lydon and Frankenthaler, JJ., concur; Shientag, J., dissents.

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Bluebook (online)

169 Misc. 623, 7 N.Y.S.2d 678, 1938 N.Y. Misc. LEXIS 2089, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raisin-levine-inc-v-northern-assurance-co-nyappterm-1938.