Opinion
May 10, 1949.
Present — Peck, P.J., Dore, Cohn, Van Voorhis and Shientag, JJ.
The loss of unloaded merchandise in respondent's terminal two weeks after unloading is not covered by the policy on which respondent seeks to hold appellant liable. Paragraph "4" of the policy covers the liability of the assured as a carrier, bailee or warehouseman only for "loaded" merchandise, and paragraph "7" limits appellant's liability for unloaded merchandise in respondent's terminal to a period of ninety-six hours. Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion granted. Settle order on notice.