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Mark v. Quaker City Fire Ins. Co.

Supreme Court, Appellate Term, First Department
Nov 23, 1960
28 Misc. 2d 509 (N.Y. App. Term 1960)

Opinion

November 23, 1960

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, MAX M. MELTZER, J.

Abraham Koenig ( Sidney Koenig and David Zweig of counsel), for appellant.

Weintraub Fass ( Charles T. Weintraub of counsel), for respondent.


The plaintiff is entitled to reimbursement under the "Theft Cover-Locked Vehicle Endorsement" for the loss sustained by reason of the theft of the merchandise while it was in the parked station wagon of its president. The scope of intended coverage not being clear, all ambiguity must be resolved in favor of the insured. ( Hartol Prods. Corp. v. Prudential Ins. Co., 290 N.Y. 44, 49.)

The judgment should be reversed, with $30 costs, and judgment directed for plaintiff as prayed for in the complaint, with costs. Appeal from decision dismissed.

Concur — HOFSTADTER, J.P., AURELIO and TILZER, JJ.

Judgment reversed, etc.


Summaries of

Mark v. Quaker City Fire Ins. Co.

Supreme Court, Appellate Term, First Department
Nov 23, 1960
28 Misc. 2d 509 (N.Y. App. Term 1960)
Case details for

Mark v. Quaker City Fire Ins. Co.

Case Details

Full title:PRINCE MARK, INC., Appellant, v. QUAKER CITY FIRE AND MARINE INSURANCE…

Court:Supreme Court, Appellate Term, First Department

Date published: Nov 23, 1960

Citations

28 Misc. 2d 509 (N.Y. App. Term 1960)
208 N.Y.S.2d 67