A. Charm v. St. Paul F. Marine Ins. Co.

Full title: AMERICAN CHARM CORPORATION et al., Respondents, v. ST. PAUL FIRE AND…

Court: Supreme Court, Appellate Term, First Department

Date published: Jan 25, 1968

56 Misc. 2d 574 (N.Y. App. Term 1968)

289 N.Y.S.2d 383

Opinion

January 25, 1968

Appeal from the Civil Court of the City of New York, County of New York, ALLEN M. MYERS, J.

Tell, Cheser, Werner Breitbart ( Solomon M. Cheser and Benjamin L. Tell of counsel), for appellants.

Miller Seeger ( Israel G. Seeger of counsel), for respondents.

Per Curiam.

The loss of plaintiffs' property was from an automobile which at the time the loss occurred did not have "actually in or upon such vehicle" the designated custodian. Hence defendants are not liable, because the actual loss occurred under circumstances falling squarely within the exclusory clause. The order should be reversed, with $10 costs, and motion granted.

Concur — STREIT, J.P., GOLD and HOFSTADTER, JJ.

Order reversed, etc.