Clark v. Meyer

Full title: RITA A. CLARK, Plaintiff, v. RISA MEYER, Executor, etc., Defendant

Court: United States District Court, S.D. New York

Date published: Mar 19, 2002

01 Civ. 5008 (LAK) (S.D.N.Y. Mar. 19, 2002)

Opinion

01 Civ. 5008 (LAK)

March 19, 2002

ORDER

LEWIS A. KAPLAN, United States District Judge.

Defendants' motion for reconsideration is denied. As its opinion indicates, the Court did not overlook Siegel v. Spear, 195 App. Div. 845, 187 N.Y.S. 284 (1st Dept. 1921), aff'd, 234 N.Y. 479 (1922). The case simply does not stand for the proposition that defendants claim. The record of that case establishes that the plaintiffs claimed, and the jury found, that the defendant contracted to insure for "the full amount" of the furniture, i.e., the purchase price. There was no claim, as there is here, that the defendant contracted to procure insurance that would pay the purchase price in the event of a loss irrespective of the value of the goods at the time of the loss.

SO ORDERED.