Appellate Division of the Supreme Court of New York, 1931

Kuntz v. Lloyds Casualty Co.

Kuntz v. Lloyds Casualty Co.
Appellate Division of the Supreme Court of New York · Decided October 15, 1931
234 A.D. 728
Kuntz v. Lloyds Casualty Co.

Opinion of the Court

Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, upon the ground that the witnesses sought to be examined have no personal knowledge bearing upon the issue of whether the accident was caused by any elevator, moving platform or hoisting device, and the testimony sought to be obtained can have no bearing upon any issue in the case, as the contract of insurance is definite and certain as to coverage, and there can be, on the. record before us, no extension of such coverage by waiver or estoppel. All concur. Present — Sears, P. J., Taylor, Edgeomb, Thompson and Crosby, JJ.

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