Sidehill Corp. v. Glens Falls Insurance

Appellate Division of the Supreme Court of New York

Sidehill Corp. v. Glens Falls Insurance

10 A.D.2d 716, 199 N.Y.S.2d 123, 1960 N.Y. App. Div. LEXIS 11450

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

DecidedMarch 7, 1960

StatusPublished

This text of 10 A.D.2d 716 (Sidehill Corp. v. Glens Falls 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

Sidehill Corp. v. Glens Falls Insurance, 10 A.D.2d 716, 199 N.Y.S.2d 123, 1960 N.Y. App. Div. LEXIS 11450 (N.Y. Ct. App. 1960).

Pincite

Opinion

In an action upon a policy of insurance to recover for injuries to property by windstorm, the appeal is from an order of the County Court, Westchester County, which, upon respondents’ motion, set aside a verdict of a jury in favor of appellant and granted a new trial. Order reversed, with costs, motion denied, and verdict reinstated. The policy covers “ direct loss by Windstorm ” but excludes coverage for loss caused “ directly or indirectly * * * by snowstorm ”. No claim was made, nor evidence offered, that the damage to respondents’ property was caused by both hazards. The evidence permitted a finding that the damage was caused by either (1) a windstorm on February 27, 1958 or (2) a snowstorm on March 14, 1958. Under these facts the Trial Judge was not in error in instructing the jury that to support a recovery the loss must have been caused by windstorm and not by any other hazard, or that it must have been caused “ only and directly ” by windstorm. Beldock, Acting P. J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur.

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In an action upon a policy of insurance to recover for injuries to property by windstorm, the appeal is from an order of the County Court, Westchester County, which, upon respondents’ motion, set aside a verdict of a jury in favor of appellant and granted a new trial. Order reversed, with costs, motion denied, and verdict reinstated. The policy covers “ direct loss by Windstorm ” but excludes coverage for loss caused “ directly or indirectly * * * by snowstorm ”. No claim was made, nor evidence offered, that the damage to respondents’ property was caused by both hazards. The evidence permitted a finding that the damage was caused by either (1) a windstorm on February 27, 1958 or (2) a snowstorm on March 14, 1958. Under these facts the Trial Judge was not in error in instructing the jury that to support a recovery the loss must have been caused by windstorm and not by any other hazard, or that it must have been caused “ only and directly ” by windstorm. Beldock, Acting P. J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur.

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Bluebook (online)

10 A.D.2d 716, 199 N.Y.S.2d 123, 1960 N.Y. App. Div. LEXIS 11450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sidehill-corp-v-glens-falls-insurance-nyappdiv-1960.