Opinion
December 30, 1942.
In this action, brought upon two "all-risk" policies of insurance issued by defendants, to recover the value of certain articles of personal property alleged to have been lost from plaintiffs' apartment by reason of a burglary, the judgment in favor of the plaintiffs, in our opinion, is against the weight of the credible evidence. The presentation of proof on the trial of many wholly irrelevant matters, which tended to becloud the issues raised by the pleadings, will not occur upon a new trial. Judgment reversed on the facts and a new trial granted, with costs to appellants to abide the event. Lazansky, P.J., Carswell, Johnston, Adel and Close, JJ., concur.