Appellate Division of the Supreme Court of New York, 1928

Malter v. New York Indemnity Co.

Malter v. New York Indemnity Co.
Appellate Division of the Supreme Court of New York · Decided May 15, 1928
224 A.D. 704
Malter v. New York Indemnity Co.

Opinion of the Court

Per Curiam.

While we think there was enough evidence to make the question of visible marks of forcible entry at the third window one of fact, we agree with the ultimate conclusion of the trial justice that as the trier of the facts he should direct a verdict for the defendant. The judgment appealed from should, therefore, be affirmed, with costs. Present—-Dowling, P. J., Finch, McAvoy, Martin and Proskauer, JJ. Judgment affirmed, with costs.

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