Opinion
September 29, 1960
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, JOHN J. MANGAN, J.
Max J. Gwertzman and Saul Goldstein for appellant.
Cheriff Greenberg ( Bernard Cheriff and Arnold L. Greenberg of counsel), for respondent.
The provision of the policy "limits of liability $1400 Actual Cash Value Unless Otherwise Stated" only fixes the limit of defendant's liability, and does not constitute the measure of damages in the event of loss. There being no proof of value, plaintiff failed to establish the amount of her loss.
The judgment should be reversed and a new trial ordered, with $30 costs to appellant to abide the event.
Concur — STEUER, J.P., HOFSTADTER and AURELIO, JJ.
Judgment reversed, etc.