Appellate Division of the Supreme Court of New York, 1937

Frye v. Phœnix Assurance Co.

Frye v. Phœnix Assurance Co.
Appellate Division of the Supreme Court of New York · Decided November 5, 1937
252 A.D. 916; 300 N.Y.S. 991; 1937 N.Y. App. Div. LEXIS 6789
Frye v. Phœnix Assurance Co.

Opinion of the Court

Judgment and order affirmed, with costs. All concur, except Sears, P. J., who dissents and votes for reversal on the law and facts and for granting a new trial on the ground that a verdict establishing incendiarism is contrary to and against the weight of the evidence. (The judgment is for defendants in an action under fire insurance policies. The order denies a motion for a new trial on the minutes.) Present — Sears, P. J., Edgcomb, Crosby, Lewis and Cunningham, JJ.

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