Greenspan v. New York Fire Insurance Company

Full title: JOSEPH GREENSPAN, Respondent, v. NEW YORK FIRE INSURANCE COMPANY, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 20, 1949

276 App. Div. 842 (N.Y. App. Div. 1949)

Opinion

December 20, 1949.

Present — Peck, P.J., Glennon, Dore, Van Voorhis and Shientag, JJ.;

Judgment reversed and a new trial ordered, with costs to the appellant to abide the event, unless the plaintiff stipulates to reduce the judgment to $7,000 with interest and costs. No opinion.

Dore, J., dissents and votes to reverse and grant a new trial on the ground that, within the coverage of defendant's policies, plaintiff failed to prove any loss commensurate with the jury's verdict or the amount to which it is reduced. Settle order on notice.