United States Fire Insurance v. Francis R. Frank Corp.

Appellate Division of the Supreme Court of New York

United States Fire Insurance v. Francis R. Frank Corp.

45 A.D.2d 866, 358 N.Y.S.2d 552, 1974 N.Y. App. Div. LEXIS 4405

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

DecidedJuly 15, 1974

StatusPublished

This text of 45 A.D.2d 866 (United States Fire Insurance v. Francis R. Frank Corp.) 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

United States Fire Insurance v. Francis R. Frank Corp., 45 A.D.2d 866, 358 N.Y.S.2d 552, 1974 N.Y. App. Div. LEXIS 4405 (N.Y. Ct. App. 1974).

Pincite

Opinion

In this action to recover a balance of premiums an open cargo marine insurance policy, defendants appeal from an order of the Supreme Court, Kings County, entered March 28, 1973, which granted plaintiff’s motion for summary judgment and directed an [867]*867assessment of damages to be held. Order affirmed, with $20 costs and disbursements. Special Term by the order under review properly granted summary judgment in favor of plaintiff. Further, it properly directed an assessment of damages to proceed (cf. Home Ins. Co. v. Benward & Perez, N. Y. L. J., Aug. 11, 1967, p. 8, col. 5, affd. 29 A D 2d 845). Inasmuch as this appeal is being heard on the original papers, we deem it appropriate to note that appellants’ counsel erroneously alleges in his “ Statement Pursuant to CPLR 5531 ” that appellants also are appealing from the judgment subsequently entered in plaintiff’s favor on May 1, 1973 after the damages were assessed at a hearing on April 30, 1973. The record discloses the notice of appeal, dated March 30,1973, was filed in the county clerk’s office on April 2, 1973. Obviously the notice of appeal was not and could not have constituted an appeal from the judgment of May 1, 1973. Hopkins, Acting P. J., Latham, Cohalan, Christ and Brennan, JJ., concur.

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In this action to recover a balance of premiums an open cargo marine insurance policy, defendants appeal from an order of the Supreme Court, Kings County, entered March 28, 1973, which granted plaintiff’s motion for summary judgment and directed an [867]*867assessment of damages to be held. Order affirmed, with $20 costs and disbursements. Special Term by the order under review properly granted summary judgment in favor of plaintiff. Further, it properly directed an assessment of damages to proceed (cf. Home Ins. Co. v. Benward & Perez, N. Y. L. J., Aug. 11, 1967, p. 8, col. 5, affd. 29 A D 2d 845). Inasmuch as this appeal is being heard on the original papers, we deem it appropriate to note that appellants’ counsel erroneously alleges in his “ Statement Pursuant to CPLR 5531 ” that appellants also are appealing from the judgment subsequently entered in plaintiff’s favor on May 1, 1973 after the damages were assessed at a hearing on April 30, 1973. The record discloses the notice of appeal, dated March 30,1973, was filed in the county clerk’s office on April 2, 1973. Obviously the notice of appeal was not and could not have constituted an appeal from the judgment of May 1, 1973. Hopkins, Acting P. J., Latham, Cohalan, Christ and Brennan, JJ., concur.

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Bluebook (online)

45 A.D.2d 866, 358 N.Y.S.2d 552, 1974 N.Y. App. Div. LEXIS 4405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-fire-insurance-v-francis-r-frank-corp-nyappdiv-1974.